Raja Azlan Shah J:

The plaintiff claims specific performance of an agreement for sale of a rubber estate totalling 607.5 acres comprised in Lease of State Land No. 1468 for Lot 2813 situate in the Mukim of Sungei Buloh in the District of Kuala Lumpur, alternatively damages for breach of contract and in the further alternative rescission of the contract and payment of sums totalling $650,000.

By the said agreement dated 4 June 1966 the defendants, a limited liability company registered in the United Kingdom with Malayan Estate Agencies Group Ltd as their agents (hereinafter referred to as the "defendants' agents") agreed to sell and the plaintiff, a landed proprietor, agreed to buy the said land at the price of $950,000 on the terms and conditions set forth in the agreement.

The plaintiff as was required by cl 1 paid a sum of $95,000 i.e., 100f the purchase price by way of forfeitable deposit, on or before the execution of the said agreement. The balance of the purchase price was to be paid on 30

November 1966 the date fixed for completion of the purchase (cl. 2) and by cl. 17, time wherever mentioned was expressly made of the essence of the contract.

At the request of