Azmel Maamor J:

The original plaintiff in this case has passed away. His sister, Wee Kim Lien (PW2) was granted an order of substitution dated 8 December 2000 to proceed with this action (encl. 81).

The plaintiff's main claim in this action is for the specific performance of a sale and purchase transaction in respect of the defendant's property held under Q.T.(R)11861 Lot No. 5286 Mukim of Ampang, Kuala Lumpur together with a building erected on it known as No. 37, Taman Grand View, Ampang Jaya, Selangor (the said property).

The brief facts of the case are as follows. The defendant had charged the said property to Kuala Lumpur Finance Bhd. (KLF). On 27 July 1984 an order for sale by way of public auction of the said property was granted to KLF to recover the sum of RM432,977.66 owed by the defendant.

On 26 August 1991 by a vesting order KLF vested all its rights to United Malaysian Banking Corporation Bhd. (UMBC). On 3 August 1994 by a consent order the defendant was allowed to redeem the said property for a reduced sum of RM400,000 payable within a period of three months failing which the order for sale dated 27 July 1984 would be enforced.

In his efforts to obtain the re