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1985 MarsdenLR 613

LEE HUN HOE, MOHD.AZMI, EUSOFFE ABDOOLCADER
CITY INVESTMENT SDN.BHD. – Appellant
Versus
KOPERASI SERBAGUNA CUEPACS TANGGUNGAN BHD. – Respondent


Advocates:
For the appellants - R.R. Sethu (Porres P. Royan with him); M/s. Shook Lin & Bok;
For the respondents - Humfrey Ball (N. Ramachandran and Saraswathy Devi with him); M/s. Saraswathy Devi

JUDGMENT

Mohd. Azmi FJ:

This is a claim by respondents/purchasers for specific performance of immovable property and also for damages and other ancillary reliefs for breach of contract. The appellants/vendors, a limited company, were the registered owners of 49.871 acres of agricultural land held under Grant 15947 for Lot 3902 in the Mukim of Rasah in the District of Seremban. Some time in 1976 they decided to develop the whole land and for this purpose they applied to the appropriate authority for conversion and subdivision of the property into housing lots. In the meantime they entered into two separate agreements both dated 24 November 1976 with the purchasers a Co-operative Society of civil servants - for the sale of a small portion of the land to be developed. In the first agreement the vendors agreed to sell and the purchasers agreed to buy 60 terrace lots, each having an approximate area of 1,760 sq. ft. and at the request of the purchasers the vendors also agreed to appoint themselves or a third party as a licensed housing developer with whom the purchasers could execute a building contract for the construction of terrace houses on each of the said lots. The purchasers have

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