Abdul Malik Ishak J:

Background Facts

The plaintiff signed a sale and purchase agreement with Syarikat Permodalan Johor (P.P.) Sdn Bhd ["Permodalan"] on 18 February 1981 for the purchase of a single storey low cost intermediate terrace house in a housing estate known as Taman Dewan Jaya. That terrace house was priced at RM29,900 and the plaintiff in accordance with cl. 3 of the sale and purchase agreement ["agreement"] paid RM2,990 being 10% of the total purchase price upon the execution of the agreement. The balance of the purchase price shall be paid in the manner and at the times as set out in cl. 3 of the agreement. The plaintiff did not take a bridging loan but she dutifully paid the progressive payments according to the manner and at the times as alluded to in the agreement in hard cold cash. The terrace house was scheduled to be completed and ready for delivery within 18 months from the date of the agreement. In short, the completion date should be on 18 August 1982.

On 19 July 1982 the plaintiff paid the 2nd progressive payment and this was followed by the 3rd progressive payment on 16 November 1982. The last progressive payment which the plaintiff paid was on 27 Oc