Syed Agil Barakbah J:

The plaintiff's claim is for specific performance of an agreement in writing entered into between him and the defendant dated 1 July 1960 for the sale by the defendant to the plaintiff of certain land comprised in EMR 459 Lot No. 1174 situated in the Mukim of Pilah, in the District of Kuala Pilah, Negri Sembilan, measuring approximately two acres. The plaintiff claimed as alternative relief damages for breach of contract and as further alternative relief for recission of the said contract and repayment of the deposit of $2,000 paid thereunder with interest at 6% per annum from the first day of July, 1960, until date of realisation, and for a declaration that the plaintiff is entitled to a lien on the said property for his deposit together with interest and damages and costs.

The defendant admits having signed the document dated 1 July 1960 but avers that he did so in the belief that he was signing an agreement for a lease of a portion of his land, that he did not know what he was signing and that he did not sign an agreement or any document other than an agreement for a lease. Secondly, that he was induced to sign the said agreement by fraudulent rep