JUDGMENT

1. This is my JUDGMENT in respect of the plaintiff's claim against the defendants for breach of earth filling agreement and the counterclaim of the 1st defendant in respect of the same agreement.

2. In brief, the 1st defendant employed the plaintiff as main contract pursuant to an earth filling agreement, for the sum of RM3.4 million. The plaintiff subcontracted it to the 2nd defendant for the sum of RM3.2 million. The plaintiff was to benefit a sum of RM200,000.00. This did not happen, notwithstanding the plaintiff has paid RM700,000.00 and hence this claim. The plaintiff's version is as follows:

(a) it is the plaintiff's contention that prior to the execution of an earth filling agreement between the plaintiff and the 1st defendant and issuance of a letter of award by the plaintiff to the 2nd defendant, there exists an oral agreement between plaintiff, 1st and 2nd defendants. The oral agreement was that the 1st defendant (as employer) would engage plaintiff as their contractor to clear, earth-fill and level (hereinafter referred to as "the said work") Lots 565, 592 and 593 all of Block 4 Muara Tebas Land District (hereinafter referred to as "the said lands") belonging to th