Mohd. Jemuri Serjan CJ (Borneo):

At the conclusion of the hearing of this appeal the Court allowed the appeal but took time to give reasons for allowing the appeal. Here are our reasons. (Datuk Haji Mohammed Jemuri Serjan CJ (Borneo) and Datuk Charles N.C. Ho J. and Tan Sri Datuk Gunn Chit Tuan, SCJ dissenting.)

This is an appeal from a judgment of the High Court at Kuala Lumpur in proceedings under s. 327(1) of the National Land Code 1965, claiming the removal of a private caveat which had been entered on the register document of title to the land under s. 322 of the Code. The learned Judge granted the application and ordered the removal of the caveat. He gave his reasons in a written judgment which was delivered on 3 December 1990. From this judgment and order of the High Court the appeal was brought before us.

By a sale and purchase agreement dated 20 March 1980 the appellant, the defendant in the Court below, agreed to sell to one Ezan Sdn. Bhd., a parcel of land held under document of Title Grant No. 4125, Lot No. 849 situate in the Mukim of Port Dickson, District of Coast, Negeri Sembilan at the price of RM972,000 subject to the terms and conditions stipulated in th