GROUNDS OF JUDGMENT

Introduction

This is the Plaintiff's application by way of Summons in Chambers (Enclosure 4) for an order of Specific Performance under Order 81 Rules of the High 1980 with regard to the Sale and Purchase Agreement and the Deed of Mutual Covenants between the Plaintiff and the Defendant both dated 15.4.2004 respectively and House Rules.

Background

The facts not in dispute herein are as follows. The Defendant is the registered and beneficial owner of the land held under HS(D) 135922 Lot 42407 Pekan Cempaka District of Petaling State of Selangor ('the said land').

At material times, the Defendant is the developer of the condominium known as Dataran Prima Condominium ('the said Condominium'). The Defendant sold to the Plaintiffs the apartment described as Parcel No. P- PH-07 Storey No.21 at Building Block P ('the said Apartment') vide the Sale and Purchase Agreement dated 15.4.2004.

The above said Sale and Purchase Agreement entered by the Defendant is in the standard form prescribed by Schedule H of the Housing Development (Control and Licensing) Act 1966 and the Regulation 11(1).

The Defendant agreed and covenanted to construct the said Apartment together with the co