On 3 April 1991, a sale and purchase agreement ('OM1') as per encl (2) was entered into by the plaintiff and the defendant whereby the plaintiff agreed to sell and the defendant agreed to buy a piece of land identified as Lot 199 situated in the Mukim of Ujong Pasir, Melaka held under Geran Mukim Peringkat Pertama No GMPP 357. The total price for the transaction was RM2.5m. Later, Lot 199 was converted and split into Lot 1089 and 1090 having the registered number of GMPP 402 and 403 Mukim Ujong Pasir, Melaka. Also, on 3 April, for valuable consideration the vendor ('plaintiff') appointed the purchaser ('defendant)' as his lawful attorney with the sole intention of having all the acts as laid down in the specific power of attorney ('OM2') be performed by the buyer.

Under the specific power of attorney, the defendant was empowered to apply to the relevant authorities to change the condition of the use of the land, to pay the necessary fees, to engage professionals to prepare the layout plans, to submit the relevant building plans, to apply for the strata titles, to sign all necessary documents pertaining the above applications, to appear on behalf of the plaintiff wh