Salleh Abas CJ:

This is an appeal from the decision of V.C. George J arising out of the trial of a consolidation of seven civil suits, namely: Civil Suits Nos. 256, 237, 258, 259, 274, 263 and 257 of 1978.

The facts which are not in dispute are as follows: The appellant, a housing developer under Licence No. 232/72 issued on 18 September 1972, was proposing to develop two pieces of land in Kuantan into a housing estate to be known as Lucky Garden.

The first piece, namely Lot 953 held under EMR No. 530 was a piece of rubber land registered under the appellant's name. The appellant applied to Pahang State Government for conversion and subdivision of the land into 32 building lots of which 9 lots were for semi-detached houses and the remaining 23 lots for single-storey terrace houses. The application was made on 12 December 1972 and approval was given on 28 October 1974. In the meantime, presumably in response to the appellant's invitation members of the public started to book the proposed lots with buildings to be erected thereon. They even did so before the appellant had obtained its developer's licence. The plaintiff in CS No. 237/78 made a booking as early as 18 August 19