Haji Abdul Kadir bin Sulaiman J:

This is an appeal by the defendant against the decision of the learned Senior Assistant Registrar (the SAR) given in favour of the plaintiffs in their application under O. 81, 18 r. 19(1)(b)(c) & (d) and 92 r. 4 of the Rules of the High Court 1980 (the RHC). Briefly the facts are that the plaintiffs (the Landowners) owned between them three contiguous lots (the said land) and intended the said land to be developed into a housing estate. The 1st plaintiff was the registered proprietor and beneficial owner of two parcels of land situate at 5th Mile, Jalan Penrissen, Kuching, Sarawak containing areas of 3,925 square metres and 4,128 square metres, more or less described as Lots 604 and 605 both in Block 226, Kuching North Land District respectively. The 2nd plaintiff was the registered proprietor and beneficial owner of Lot 603 containing an area of 7,932 square metres, more or less situated thereat. On 16 March 1983 they entered into an agreement (the said agreement) with the defendant as a developer. Preamble (b) to the said agreement recites that the Landowners and the defendant are desirous of developing the said land into a housing estate