JUDGMENT

Lisa Gill, J. - Appellant-plaintiff has filed this regular second appeal challenging judgments and decrees dated 22.09.2014 and 28.07.2017 passed by the learned Additional Civil Judge (Senior Division), Gurgaon and learned Additional District Judge, Gurugram, respectively, whereby suit for possession by way of specific performance of agreement dated 09.01.2001 filed by the plaintiff, has been dismissed.

2. Brief facts necessary for adjudication of the appeal are that, appellant/plaintiff filed a suit for specific performance of agreement to sell dated 09.01.2001 with the averments that defendant No.1 was the owner of plot No.50 measuring 1.5 Kanals situated at Sector 21, Urban Estate Gurgaon vide allotment/intimation No.8650 dated 19.05.1986. Plot in question was under litigation as defendant No.4 i.e., Haryana Urban Development Authority (HUDA) had no such site at the spot, therefore, another plot bearing No.20 in Sector 5, Urban Estate, Gurgaon vide allotment No.130 dated 24.08.1997 at a new rate, was offered to defendant No.1. It is pleaded that defendant No.1 entered into an agreement to sell dated 09.01.2001 in respect to the said plot for a sum of `15,00,000/- out of w