A contingent contract becomes void if the contingent event does not occur within the specified time, as per Section 36 of the Contracts Act 1950.

[1] In this case the plaintiff claimed against the defendants as follows:

"a) An order for Declaration that the Sale and Purchase Agreement dated 4 May 2012 is still subsisting;

b) An order for Specific Performance of the Sale and Purchase Agreement dated 4 May 2012 within 14 days from the date of order;

c) An order that, if the Defendants fail, neglect or refuse to sign the transfer form and/or other relevant forms and documents within 14 days from the date of this Order, then, the Registrar or the Senior Assistant Registrar be authorised to sign the transfer form and other related documents for the transfer of the said Property (GERAN No: 130636, LOT 78754, Mukim of Pulai, District of Johor Bahru, Johor) to the Plaintiff;

d) Agreed liquidated damages of RM125,000.00;

e) General damages;

f) Interest on the sum of RM125,000.00 at the rate of 5% per annum from 25 November 2019 until the date of full realization;

g) An order that the Defendants shall indemnifypay the Plaintiff against any loss or damagea sum of RM314,676.00 being special damages and refund the deposit in the event that the transfer of the said Property to the Plaintiff could not be effected;

h) Costs; and

i) Such further relief or other relief that this Honourable Court may deem fit."

[2] The defendants counterclaimed against the plaintiff as follows:

"a) a declaration that the said Agreement dated 4 May 2012 is invalid and not applicable;

b) an order that the private caveat entered upon the said Property held under GERAN 130636 LOT 78754 Mukim Pulai, Daerah Johor Bahru, 30 Johor (No. 24, Jalan Perdagangan 5, Taman Universiti, 81300 Skudai, Johor) by the Plaintiff (namely Future Lub Sdn Bhd) is cancelled/removed entirely;?

c) an order that the Plaintiff (namely Future Lub Sdn. Bhd.) is entirely barred from entering any new/other private caveat upon the said Property held under GERAN 130636 LOT 78754 Mukim Pulai, Daerah Johor Bahru, Johor (No. 24, Jalan Perdagangan 5, Taman Universiti, 81300 Skudai, Johor);

d) declaration that the Plaintiff (namely Future Lub Sdn. Bhd.) is holding over the said Property held under GERAN 130636 LOT 78754 Mukim Pulai, Daerah Johor Bahru, Johor (No. 24, Jalan Perdagangan 5, Taman Universiti, 81300 Skudai, Johor);

e) an order that the Plaintiff (namely Future Lub Sdn. Bhd.) forthwith surrender vacant possession of the said Property held under GERAN 130636 LOT 78754 Mukim Pulai, Daerah Johor Bahru, Johor (No. 24, Jalan Perdagangan 5, Taman Universiti, 81300 Skudai, Johor) to the Defendants;

f)

(i) the Plaintiff forthwith pays to the Defendants damages for the period of holding over for the said Property held under GERAN 130636 LOT 78754 Mukim Pulai, Daerah Johor Bahru, Johor (No. 24, Jalan Perdagangan 5, Taman Universiti, 81300 Skudai, Johor) amounting to RM10,000.00 a month calculated from the month of December 2017 for vacant possession of the said Property is delivered to the Defendants;

(ii) in the alternative, the Plaintiff forthwith pays the Defendant damages for the period of holding over for the said Property held under GERAN 130636 LOT 78754 Mukim Pulai, Daerah Johor Bahru, Johor (No. 24, Jalan Perdagangan 5, Taman Universiti, 81300 Skudai, Johor) amounting to RM6,000.00 a month calculated from the month of December 2017 for vacant possession of the said Property is delivered to the Defendants;

g) declaration that the Plaintiff's claim here has been filed out of time and is time barred;

h) the Defendants' other damages and losses be assessed by the Deputy Registrar and paid by the Plaintiff to the Defendants;

i) costs and interest; and

j) such other orders, relief and directions