JUDGMENT

Abdul Hamid Omar CJ (Malaya):

The respondent/plaintiff Baskran s/o Doraisamy applied under O. 81 r. 1 Rules of the High , 1980 by way of summons-in-chambers for the rescission of an agreement between him and the appellants/defendants Ganesan and Ramalingam and for the forfeiture of a sum of RM20,000, a deposit paid by the appellants under an agreement dated 11 February 1983. The application by the respondent was founded on the ground that the appellants had no defence to his action.

The learned Judge heard the application in Chambers and dismissed it. However after hearing further arguments under O. 56 r. 2 of the Rules of the High in open Court he reversed the decision and allowed the application with costs. He ordered the rescission of the agreement, the delivery up of vacant possession of the property and damages for wrongful occupation of the property. The memorandum of transfer deposited with the solicitors concerned was to be returned to the respondent as it was declared null and void.

The learned Judge correctly took the view that the respondent's case revolved round certain clauses of the agreement, in particular Clauses 2, 3, 5, 6, and 12. For convenience they are