Abdul Hamid Omar FJ:

The appeal is against the decision of Wan Yahaya J given at Malacca on 5 June 1982 ordering that the agreement of sale of a piece of land known as Holding No. 689 Mukim Balai Panjang held under SLG. No. 969/61 together with factory erected thereon known as No. 5369-C, Jalan Malim, Malacca (the said land) be specifically performed and carried into execution.

There is an alternative order for rescission of contract should the above order be incapable of performance. We do not see any necessity to deal with it at this point and would only do so if and when the need arises.

The facts are not substantially in dispute. The appellants intended to sell the said land as indicated in their letter of 14 December 1974 addressed to Melaka Branch of CH. Williams, Talhar & Wong Sdn. We mention this not to show any special significance that we attach to it but merely to highlight the fact that this intention to sell was revived as is revealed from the appellants' letter of 1 March 1976, para. 2 of which reads -

I confirm, subject to contract, that the lowest price I am willing to sell the said property is $5.40 per square foot in Singapore currency, the sale and purch