JUDGMENT

Lord Cross of Chelsea J:

(delivering the judgment of the Board):This is an appeal by Loh Boon Siew the plaintiff in the action from a judgment and order of the Federal Court of Malaysia dated 13 November 1969 allowing an appeal from a judgment and order of the High Court in Malaya by which the appellant was granted specific performance of a contract to purchase certain land at Jalan Treacher, Kuala Lumpur.

In 1961 one Wong Choong (now deceased) and his wife Chin Kim who is the first respondent to this appeal were the registered co-owners of the land in question. On the land there was a big house in which they lived and two or three small houses which were let to tenants who had the protection afforded them by the Control of Rent Ordinance 1956. They wished to sell the land and instructed one Chin, a broker, to find a purchaser for it. Chin got into touch with the appellant who wished to buy a piece of land at Kuala Lumpur on which to build a motor car showroom for his company. After looking at the land and finding it suitable for his purposes the appellant went with Chin to see Wong Choong and his wife and after some bargaining an agreement was executed on 16 May 1961 between