Mohd Ghazali Mohd Yusoff J:

[1] This is an appeal against the decision of the Sessions Court Judge, Sessions Court, Johor Bahru wherein the learned Sessions Court Judge allowed the respondent's claim for the sum of RM57,000 together with interest and costs in respect of breach of condition and warranties arising out of a hire-purchase agreement with regard to a purchase of a motor-car, dated 27 March 1991, entered into between the respondent (as hirer) and the appellant (as owner) and dismissed the appellant's counterclaim for a sum of RM25,294.01 being the sum of money paid by the appellant to purchase the said motor-car from its previous owner.

[2] The facts of the case are as follows:

[3] The respondent purchased a motor-car bearing registration No JBX 2923 (hereafter referred to as "the said vehicle") from one Tan Chin Cheng (hereafter referred to as "Tan") at an agreed price of RM82,000 and paid a sum of RM57,000 out of which RM40,517.97 was paid to Tan and the balance of RM16,482.03 to the appellant, a finance company, for the purpose of settling Tan's outstanding account with the appellant as the said car was still under finance by the appellant.

[4] For the balance of R