[1] The Plaintiff, RO Water Sdn Bhd claims that the Defendant had breached the Sale and Purchase Agreement ("the Agreement") in respect of a 2-storey Terrace House ("the Property").

[2] The Plaintiff disputed the termination by the Defendant and is seeking for specific performance of the Agreement and in addition to that, damages or damages in lieu of specific performance as well as general damages.

[3] It is the Defendant's case that the Sale and Purchase Agreement had been lawfully terminated as the Plaintiff failed to settle the balance purchase price.

Undisputed Facts

[4] It was common ground that upon signing the Agreement, the Plaintiff paid to the Defendant RM44,089.50 amounting to 10% of the sale price. A termination letter dated 25 April 2011 was issued by the Defendant to the Plaintiff ("the termination letter").

[5] It is not in dispute that the balance purchase price was not settled by the Plaintiff when the Defendant terminated the Agreement. The Defendant termi