Abdul Kadir Sulaiman JCA:

In the court below the appellant as plaintiff filed an action against the respondent for the specific performance of an agreement made between them for the sale of a parcel of land of which the respondent is the registered owner. For the respondent, she was at the same time interested in owning a terrace house. So the agreement provides for a purchase price of the land to be RM120,000. Upon the signing of the agreement, the appellant paid RM21,680 being the first payment leaving a balance of RM98,320 to be paid. As to this balance, the agreement provides for the payment in kind in the form of the transfer of a single storey terrace house worth RM54,960 without stipulating when the transfer should take effect. As to the remaining sum of RM43,360 it is to be paid in two equal instalments of RM21,680 each, the first was to be paid by the appellant to the respondent within three months of the transfer of the terrace house and the final payment was payable within three months after the date of the last payment.

Having paid the first payment mentioned earlier, the appellant did not transfer the terrace house as agreed to the respondent nor were the rema