[1] This application vide Originating Summons ('OS') arises out of a sale and purchase agreement ('SPA') dated 13 July 2012 entered into between the Plaintiffs and Defendants for the sale of a plot of land in Mukim Tanjung Kupang, district of Johor Bahru to the Defendants. The Plaintiffs herein now seek rescission of the SPA, return of the deposit to the Defendants and costs of and incidental to this application. They sought the following reliefs:

"(a) the Sale and Purchase Agreement dated 13 July 2012 ("the SPA") entered into between the plaintiffs and the defendants in respect of the sale of the land held under GM 301, Lot 2117, Mukim Tanjung Kupang, Daerah Johor Bahru ("the said land") be rescinded;

(b) the sum of RM129,683.70 be paid back by the plaintiffs to the defendants;

(c) the costs of the action.".

Material Facts

[2] These are, briefly, the undisputed facts. Originally and till the date the SPA was ente