Syed Agil Barakbah FJ:

This was an appeal by the six appellants against the decision of the High Court Judge at Kuala Lumpur dismissing their claims against the respondent with costs. The suits were consolidated by Order of Court dated 26 February 1982 and were heard together by the learned Judge.

As the plaintiffs in the Court below, each of the appellants filed a writ for specific performance of a purported sale agreement in which they alleged to have paid a booking fee of RM5,000 each to the respondent's clerk for the purchase of 3½ storey shophouses at the price of RM250,000 each. They also prayed for a Court order for the execution of the sale agreement with the respondent to enable them to purchase the house at the said price on the ground that they had been denied the opportunity and the right to execute proper sale and purchase agreements for the property which they had booked earlier when the phase 3 housing project was subsequently opened by the respondent to the public. The learned Judge rightly concluded from the evidence before the Court that the claim for specific performance was founded on the receipts issued by the respondent's clerk (DW1) for the payment o