[1] The plaintiff, Richard Curtis & Co Sdn Bhd previously known as Inter-Bell Realty Sdn Bhd ("the plaintiff") had commenced this action against the defendant seeking for the return of the sum of RM748,024.50, which sum was said to have been overpaid to the defendant pursuant to a sale and purchase agreement dated 16 March 2001 ("the agreement"). The subject matter of the agreement was a piece of land known as HS (D) 77734, Mukim Kuala Lumpur, Wilayah Persekutuan Kuala Lumpur ("the subject land"). The plaintiff alleged that the defendant had only delivered land measuring 3003 square meters instead of 3602 square meters as stated in the agreement. Hence the plaintiff alleged that defendant had not conveyed land measuring 599 square meters the value of which worked out to be RM748,024.50 (RM4,381,123 divided by 3602 square meters = RM1,21