NH Chan JCA:

These are three appeals by the same appellant (Dial Kaur) with the same respondent (Mann Foong Realty Sdn Bhd). The appellant was the defendant and the respondent was the plaintiff in the proceedings instituted by the plaintiff for specific performance of an agreement in writing contained in a letter from the solicitors for the plaintiff (M/s Mohd Noor & SY Lee) to the solicitors for the defendant (M/s Asbir, Hira Singh & Co). We have allowed all three appeals and we give our reasons below. We will deal with the three appeals separately.

Civil Appeal No A-02-28 Of 1997

The plaintiff's action is for specific performance of an agreement made between the plaintiff and the defendant in exchange of correspondence between their solicitors which culminated in an agreement the terms of which were contained in the following letter.

This is the plaintiff's solicitors' letter to the defendant's solicitors:

MOHD NOOR & S.Y. LEE

Your Ref : HS/2645/slc

Our Ref : LSY/M4849/89BC 27th July 1995

Messrs Asbir, Hira Singh & Co. Advocates & Solicitors No. 6, Jalan Maharaja Lela, (Station Road) 30000 Ipoh. BY HAND

Dear Sirs,

Re: Ipoh High Court Suits Nos. 22-210-89 and 22-2