Augustine Paul JC:

The substantial issue raised for determination in this application is the time period within which the proprietor of any alienated land on which there is a completed building capable of being subdivided should apply for the subdivision of the building when he has sold or agreed to sell any parcel in such building to any person.

The defendant is the registered proprietor of all that piece of land held under HS(D) 13965 PT No 1 in Bandar, Kawasan Bandar XXX District of Melaka Tengah State of Melaka measuring in area approximately 6.4409 hectares ("the land"). The tenure of the land is leasehold expiring on 16 June 2085.The defendant was desirous of constructing 11 blocks of apartments known as Garden City Apartments on the land.The 1st, 2nd, 3rd, 4th and 5th plaintiffs entered into separate sale and purchase agreements dated 3 May 1989, 8 September 1988, 31 March 1990, 4 April 1990 and 17 May 1989 respectively with the defendant for the purchase of an apartment each in the complex.All the agreements were worded in identical terms.The apartments agreed to be purchased by the plaintiffs were in Block B2 except in the case of the 4th plaintiff whose apartment w