GROUNDS OF DECISION

AGREED FACTS

[1] The Defendant is the registered owner of a parcel of Land measuring an area of 1.79 acres more or less comprised in Sandakan Country Lease No. 075329467 together with the building erected thereon and situated at Sg. Jipun, Sibuga in the District of Sandakan (hereinafter referred to as "the CL Land").

[2] The Defendant is the beneficial owner of a parcel of land measuring an area of 1.72 acres more or less comprised in Sandakan Native Title No. 0730021977 situated at Sg. Jipun, Sibuga in the District of Sandakan (hereinafter referred to as "the NT Land").

[3] The Plaintiff and the Defendant reached a consensus before Datuk Michael Tan Kun Boo for the sale of the CL and the NT land sometime in year 2005.

[4] The Plaintiff paid the deposit of RM5,000.00 to the Defendant on or about 14/10/2005 vide a RHB cheque No. 210857.

[5] The Plaintiff and the Defendant executed the sale and purchase agreement for the CL land (hereinafter referred to as "the s