Hamid Sultan Abu Backer JCA:

[1] There are two appeals before us relating to the same decision of the learned trial judge. The first appeal is Appeal No: B-01-343-09-2014 and the appellant is the 1st defendant in the court below. The second appeal is Appeal No: B-02- 1520-09-2014 and the appellant is the plaintiff in the court below.

[2] The parties had agreed that Appeal No: B-01-343-09-2014 should be heard first and will be bound by the decision to decide the fate of the second appeal.

[3] We heard the appeals on 1 July 2015 and allowed Appeal No: B-01-343-09-2014 and dismissed Appeal No: B-02-1520-09-2014. My learned brother Balia Yusof Wahi JCA and learned sister Badariah Sahamid JCA have read the judgment and approved the same.

[4] This judgment must be read with the judgment of the High court reported as Perbadanan Riadah Sdn Bhd v. Setiausaha Kerajaan Negeri Selangor & Anor, 2014 MarsdenLR 439 for comprehensiveness, as well as to appreciate the facts and arguments originating from the High court.

Brief Facts

[5] The facts of the case had been set out in detail by the learned judge. We do not wish to labour on that save to say: (i) the plaintiff who is a developer entered