Gopal Sri Ram JCA:

[1] This appeal is directed against the order of the High Court dismissing the appellant's (plaintiff in the court below) claim against the respondents (defendants in the court below) for specific relief relating to a piece of land. The history of this litigation is as follows.

[2] At all material times the plaintiff was the holder of a piece of land held under Temporary Occupation Licence No. 1488. On 25 May 1972 he entered into an agreement with one Chung Soo Chong of Lee Hing Loong Mining Enterprise Sdn Bhd under the terms of which Chung was to surrender his land to the State Authority to re-settle the plaintiff and other occupants on another piece of land identified by Chung. The plaintiff was to give up his TOL in Chung's favour and move to the re-settled land. Each settler, including the plaintiff was to receive a title to a separate lot to be issued by the State. The plaintiff's case in the court below was that pursuant to the aforesaid agreement he applied to the State Authority to issue to him a title to the land that now forms the subject matter of the dispute. In his application, the plaintiff gave the second defendant's address as his own bec