Mohd. Eusoff Bin Chin SCJ:

The appellant was the owner of Port Dickson- Lukut Estate (hereinafter referred to as the Estate). By a written sale and purchase agreement dated 20 March 1980, the appellant agreed to sell a portion of the Estate to the first respondent. This portion is now known as Grant No. 4125, Lot 849 Mukim of Port Dickson, (hereinafter Lot 849) having an area (after acquisition of a portion of it by the Government) of approximately 139.5 acres. The estate is divided into 4 Divisions, and Lot 849 is in the Lukut Division. Lot 849 is contiguous to Lots 1516, 1517 and 1518 in the Lukut Division. Lot 849 was planted with palm oil and rubber.

Clauses 4 and 5 of the agreement stated -

4. This Agreement is conditional upon the approval of the Estate Land Board to the sale of the said land to the purchaser. The parties hereto shall use their best endeavours to obtain such consent and if such approval and consent are not given or obtained before the completion date hereinafter referred to then and in that event the Vendor shall refund to the Purchaser the deposit referred to in clause 2(a) and thereupon this agreement shall be null and void and cease to have any