Ong CJ:

This is an appeal against the decision of the High Court at Kuala Lumpur given on 19 June 1969 ordering specific performance by the vendors of an agreement dated 16 May 1961 for the sale of land.

Wong Choong and Chin Kim, his wife, were the registered co-owners in equal shares of a piece of land at Treacher Road in the residential zone of Kuala Lumpur. Loh Boon Siew was in search of a suitable place for his motor-car showrooms. On 16 May 1961 they entered into an agreement for the sale and purchase of this land at the price of $160,000 or approximately $4 per square foot. Situate on the land were the vendors' family residence and some outhouses let to tenants protected under the Control of Rent Ordinance 1956 then in force. As the land was required by the purchasers for commercial purposes, the agreement contained certain stipulations relating to planning permission to be applied for and proceedings taken by the vendors thereafter for ejectment of their tenants so as to be able to give the purchaser vacant possession.

Briefly, the agreement was as follows. In consideration of $1,200 paid to them by the purchaser the vendors granted him an option of purchase at th