ABDUL MALIK ISHAK J On 25 June 1993, Long Yoke Wee (Long) by a sale and purchase agreement (S & P agreement) (encl 8, exh RZA 1) sold three pieces of land comprised in Grant 21957 Lot 3523, Mukim of Pulai, Grant 944 Lot 892, District of Johor Bahru and Grant 20044 Lot 911, Mukim of Pulai (only Grant 21957 Lot 3523, Mukim of Pulai is the subject matter of dispute and in this judgment I shall refer to it as the said land) to Raja Zainal Abidin bin Raja Hussin (Raja Zainal Abidin) for a sum of RM8m, which sum was paid in cash to Long. Long then handed the three original issue documents of title to the three pieces of land together with the instruments of transfer in Form 14A duly executed by Long in favour of Raja Zainal Abidin to the latter. Vacant possession was said to be handed to Raja Zainal Abidin. Before signing the S & P agreement, Long assured Raja Zainal Abidin that the three pieces of land were free from encumbrances and though there was a private caveat lodged on 14 January 1989 by Goh Keng How (Goh) on the said land, Long still gave an assurance that he would apply to the Registrar of Titles to remove that private caveat. This was done. But