One Doctor D.R. Tweedie (hereinafter referred to as "the defendant"), a medical practitioner and owner of seventeen acres of vacant land at Telok Bahang held under Holding numbers 514, 521, 522 and 528 Mukim 2 South West District, Penang, (hereinafter referred to as "the said land") was making efforts to sell those 17 acres of land towards the end of 1977. One Tan Chong Keat, an architect, (hereinafter referred to as "Tan") was desirous of purchasing the said land and according to him he made an appointment through the defendant's caretaker to meet him one Sunday morning. But according to the defendant, Tan had no appointment to see him and arrived one Sunday morning at about 11.00 a.m. whilst he was staying at a week-end bungalow called "Boa Fe", which is on a piece of land adjoining the said land. According to the defendant "Boa Fe" was sold by him to a Mr. Buchanan some years ago subject to the condition that he could use it for the rest of his life. Nevertheless it was a fact not disputed by the parties that Tan first met the defendant at "Boa Fe" on Sunday December 11, 1977. They had a discussion about the said land and came to what they called "an arrangement