[1] The Plaintiff wanted to purchase a piece of land in the District of Batang Padang in the State of Perak. He entered into a Sale and Purchase Agreement (S&P) with the Defendant. There was nothing unusual about any of its terms. Having paid the usual 10% of the purchase price he waited for the redemption statement from the Defendant. However it turned out that the amount owing to the Chargee Bank was more than the balance purchase price. The Defendant was not able to come up with the difference between the balance purchase price and the amount it owes the Bank.

Problem

[2] The S&P was dated 16 August 2004. The purchase price of the property was RM56,500.00. The 10% deposit paid was RM5,650.00. The balance purchase price was RM50,850.00. The Plaintiff's loan was RM35,000.00. The Plaintiff deposited with his solicitors as stakeholders