Mohd. Yusof Abdul Rashid J:

The plaintiff claims that he had the right to rescind the written agreement executed on 21 May 1973 between he and the defendants in relation to the sale of land comprised in Grant No. 24358 Lot No. 6369 in the Township of Johore Bahru ("the said property") and is claiming for the refund of RM7,900 which he had paid as deposit towards the purchase price of the said property.

The facts of the case were:

The defendants on 17 February 1973 bought the said property for a sum of RM56,000 and gave an option to PW3 and another to procure a purchaser who was willing to buy it for RM79,000. PW2 was contacted by PW3 who informed her that the said property was for sale at that price. PW2 had the plaintiff interested in buying the said property. Evidently PW2 and PW3 knew about the existence of a large septic tank constructed on the land. Before agreeing to buy it, the plaintiff was brought to inspect the said property. The plaintiff was fully aware of the existence of a large septic tank on the said property and the said septic tank was obvious to the eye.

When the plaintiff showed interest in buying the said property at RM79,000, PW2, on the instruction o