On 6 December 1990, the plaintiff entered into an agreement with the defendant, principally to develop Lot No. 2254 MCL 693 and Lot No. 2255 MCL 1042, located at Mukim Merlimau, in the district of Jasin, Melaka (hereinafter referred to as the 'said land'). Pursuant to that agreement, and to carry out its intention, the defendant supplied an irrevocable Power of Attorney to the plaintiff. As provided for in the agreement, the defendant received a sum of RM200,000 from the plaintiff. To ensure that no glitch occurred in the future, the defendant was to ascertain that the land was legally split up into 62 separate titles from the relevant authority. The defendant successfully did that. As provided for in the agreement, the separate titles were for the development of 62 low cost houses. Together with them, he obtained another separate title, which for easy reference will hereinafter be referred to as KAD (Kemajuan Akan Datang loosely translated as Future Development) from the State Authorities. Nothing is mentioned in the agreement about this area. Subsequently, the defendant successfully sub-divided KAD into 5 separate lots. Thenceforth problems reared their ugly heads.

The pla