Mokhtar Sidin JCA (majority):

[1] On 15 September 1996, the appellant and the respondents executed a Sale and Purchase Agreement (S&P) whereby the respondents agreed to purchase and the appellant agreed to sell a piece of property known as PlotNo: 2-188, Bukit Mahkota, Phase 2, Mukim Beranang, Selangor Darul Ehsan in the sum of RM281,445. The respondents have paid RM217,011.50 equivalent to 80% of the purchase price based on the certificates issued by the architect. To finance the balance of the purchase price the respondents obtained a loan from Malaysia Building Society Berhad (MBSB) in the sum of RM64,400. Out of this sum MBSB paid RM8,111 to the appellant.

[2] Under the terms of the S&P the appellant should deliver vacant possession of the said property to the respondents within 30 months from the date of signing the agreement. Vacant possession of the said property should be delivered by the appellant to the respondents on or before 15 March 1999. Though the respondents stated that vacant possession should be delivered on or before 15 June 1999, it was not disputed that the date of delivery of vacant possession should be 15 March 1999. It was also not disputed that there