George Seah FJ:

For the purpose of this appeal the appellant will be referred hereinafter as the plaintiff and the respondent as the defendant. The relevant facts may be stated shortly.

The plaintiff is at all material times the registered owner of four acres of land in the kampong of Sungei Burong in the Mukim of Tanjong Karang held under EMR 5071 and made up of:

(i) Lot No.10671 for 3 acres of padi land (hereinafter referred to as the First Property) and

(ii) Lot 5481 for 1 acre of coconut plantation and the premises thereon (hereinafter referred to as the Second Property).

Following the death of her husband the plaintiff became the registered owner by way of transmission of another four acres of land in the same kampong and district held under EMR 5072 and made up of:

(a) Lot No. 10665 for 3 acres of padi land (hereinafter referred to as the Third Property) and

(b) Lot 5482 for 1 acre of coconut plantation and the premises thereon (hereinafter referred to as the Fourth Property).

On 9 September 1974 the plaintiff agreed to sell all the four parcels of lands to the defendant at the price of RM90,000. This sale and purchase agreement was reduced into writing by the execu