Abang Iskandar Abang Hashim JCA:

Brief Facts Of The Case/Case For The Plaintiffs

[1] Chin Min Hua, Chin Ah Bah @ Chin Min Heng, Chin Min Hook are the plaintiffs in this case ("the plaintiffs"). The plaintiffs' father ("the Purchaser") entered into a Sale and Purchase Agreement ("said Agreement") with Eagaivallinayagi Ammal ("the defendant") (being the attorney to the landowner, one Selvarajah a/l Ratnam) to purchase a piece of land situated at Geran Mukim No 325, Lot 725, Mukim 5, Daerah Seberang Perai, Pulau Pinang (the "said land") on 25 May 1996 for a sum of RM213,673.60.

[2] The condition precedents pursuant to the said agreement to effect the sale are:

i. The deposit sum of RM21,367.36 was to be paid upon execution of the said agreement;

ii. RM20,000.00 to be deposited into the client account of the Purchasers' solicitors as a stakeholder (in order to compensate the squatters) and or before 23 August 1996; and

iii. The final balance purchase price of RM172,306.24 to be paid to the Purchasers' solicitors on or before 21 August 1996 with an extended period of 30 days, ie up to 21 September 1996 was given to the Purchaser provided an interest sum of 9% per annum paid.

[3] The Pu