providing unipoles and maintenance of adjacent sites. The said agreement was valid for a period of five years. The appellant paid security amount and lease amount dated 2.4.2007 against a sum of Rs.5 lacs. According to the appellant, respondents No.1 and 2 were not in a position to hand over the aforesaid 23 sites for which the agreement was executed as some of the sites were within the municipal limits of Gurgaon which were already given to some other persons for installing unipoles. Due to start of Metro Project on Mehrauli Gurgaon road, many sites were not available at the spot, whereas several persons had installed hoardings, illegally on some of the sites allotted to the appellant. According to the appellant, this fact was brought to the notice of respondents No.1 and 2, who had stated that appellant can instal its unipoles at alternate sites and for that purpose, the appellant was to submit alternate sites in lieu of such disputed sites. The appellant submitted a letter dated 1.5.2007, indicating alternative sites and requested the respondents for delivery of clear possession. It is further the case of the appellant that respondents No.1 and 2 did not take steps to hand over the sites or even alternative sites and as such, vide its letter dated 1.5.2007, the appellant informed them that in case sites under Municipal Committee, Gurgaon, were not cleared upto 15.9.2007, the appellant would instal unipoles on 23 sites indicated in his letter dated 1.5.2007. Since respondents No.1 and 2 were unable to get seven out of the originally allotted sites cleared as it was promised by them, the appellant installed unipoles indicated in its letter dated 1.5.2007 shown in red colour in the attached site plan Annexures A to E as U1 to U23. According to the appellant, they have spent a huge amount on the installment of the unipoles with an expectation that they would be entitled to use and utilise the same upto the year 2012 as
