Raja Azlan Shah J:

[1] This is a motion by the defendant for stay of execution for a period of three years of the judgment of Abdul Aziz J given on 23 August 1965; in the alternative, to set aside that judgment and that the defendant be permitted to defend the suit.

[2] The defendant is a registered proprietor of the land held under Certificate of Title No 15123 Lot 96 s 48 in the town and district of Kuala Lumpur containing an area of approximately 254,553 square feet. By virtue of an agreement dated 8 January 1958 made between the plaintiff and the defendant, it was agreed that the defendant should sell and the plaintiff should purchase for the sum of $7700 a portion of the said land approximately 3,600 square feet together with the house erected thereon bearing No 2K, Jalan Kolam Ayer.

[3] In compliance with that agreement, the plaintiff has paid a deposit of $6000 in respect of the purchase price on the date of the agreement, and it was agreed that the balance of $1,700 shall be paid by the plaintiff to the defendant when the latter is ready to deliver the document of title of the said portion of land. On or about 12 August 1964 the plaintiff, at the request of the defenda