In some of these actions Futo Trading Sdn. Bhd (Futo) is sole defendant, in some others Kin Nam Realty Development Sdn. Bhd. (Kin Nam) is sole defendant and in the rest of the actions both the companies are co-defendants.

Having obtained an order for consolidation of the suits, learned Counsel for the Plaintiff and for the Defendant decided that with the tender of a "Statement of Agreed Facts" and an agreed bundle of documents no other evidence need be led and obtained the court's permission for each side to put in a written submission which was eventually done.

From these documents and the pleadings in each of the actions I gather the relevant facts to be as follows:—

One Tengku Sepiah was the registered owner of the whole of the land held under EMR. 3659 for lot 948 in the Mukim of Kuala Kuantan. She sold and transferred the whole of the land to Futo who was to develop it by sub-dividing the land into smaller lots and having buildings erected on the sub-lots.

Futo who was not a licensed housing developer arrived at an arrangement with Kin Nam who was one, under the terms of which arrangement lot 948 was to be converted in respect of user from agricultural to building and sub-divided into 28 sub-lots on which buildings were to be erected of which 4 sub-lots with semi-detached houses were to be retransferred to Tengku Sepiah leaving the other 24 lots for disposal by sale.

Kin Nam were themselves the registered owners of another lot of land known as lot 953 held under EMR, No. 530. This lot was also to be developed by conversion from agricultural to building, sub-divided and buildings erected on the sub-divided lots. It was apparently expected that 32 sub-lots would be obtained by the sub-division.

The applications for conversion and subdivision of both lots 953 and 948 were made to the relevant Land Office and while these applications were pending the general public were invited to make bookings for the purchase of the sub-lots with buildings to be erected thereon. All the sub-lots were taken up by persons who were non-Bumiputra and sometime thereafter Kin Nam was notified by the Land Office that its applications were approved, lot 948 to have 28 sub-lots and lot 953, 32 sub-lots, but subject to certain conditions three of which were under the heading "Syaratsyarat tertentu" and one under the heading "Syarat-syarat khas" which I understand to mean "Special conditions", the special conditions in respect of lot 953 being:

"Sekurang-kurang 7 bush bangunan terres dan 3 buah bangunan berbandong daripada bangunan-bangunan yang hendak didirikan itu hendaklah dikhaskan kepada Lembaga Kemajuan Negeri Pahang sebagai Wakil kepada bumiputra. Sesiapa yang berkehendakkan bangunan-bangunan itubolehlah membuat permohonan kepada Lembaga Kemajuan Negeri."

which I understand to mean "at least 7 terrace and 3 semi-detached houses from the buildings that are to be erected shall be reserved for the Lembaga Kemajuan Negeri Pahang as representatives of members of the public who are Bumiputra who may apply to the agency for the purchase of such houses."

In respect of lot 948 the syarat-syarat khas was:

"Sekurang-kurangnya 30% daripada bangunan yang hendak didirikan itu hendaklah dikhaskan kepada Lembaga Kemajuan Neseri Pahang sebasai wakil kepada bumiputra. Sesiapa yang berkehendakkan rumah/bangunan bolehlah membuat permohonan kepada Lembaga Kemajuan Negeri,"

that is to say that 30% of the buildings that are to be erected should be reserved for Bumiputra.

I have not been told whether the applicants took issue with the approving authority in respect of the imposition of these conditions or any of them. But it is curious (and perhaps significant) that when the documents of title in respect of the sub-lots were issued the three said specific conditions were endorsed on the issue document of title but the special condition was not.

The Defendants took the stand that they were obliged to adhere to the special condition that had been imposed when t