Hashim Yeop A Sani J:

The dispute in this case centres around a written option to purchase a piece of land given by the first defendant on his behalf and also on behalf of the second defendant (by a power of attorney) to one Mdm Kong Yoke Sam. Copies of this option are at pp. 6 and 7 of the Agreed Bundle. The option was executed in the office of PW1, a practising lawyer, sometime towards the end of 1973. The date on which the option was executed and the date on which the option was to expire were among the issues in dispute.

Due to the complexity of the background to this case it is essential that a summary of the facts that would seem to have been established or admitted is set out first. The land in question is a piece of land held under and comprised in Surat Hakmilek Sementara No. HS (D) KA 691/73 for Lot No. 66133 in the Mukim of Ulu Kinta comprising an area of 2,108 acres approximately. At all material times the registered owners of this land were the first and second defendants. On 16 October 1972 an agreement was executed between the defendants and one Loong Koi alias Loong Khui wherein it was agreed between them that the defendants would sell to Loong Koi the sai