Gill J:

This action arises out of an agreement dated 1 June 1964 for the sale by the defendant to the plaintiffs of five pieces of land held under Entries in the Mukim Register Nos 3092, 3063, 2465, 3064 and 3091 for Lots Nos 2291, 2258, 1481, 2259 and 2290 respectively in the Mukim and District of Kuala Lumpur. The plaintiffs' claim is for damages for an alleged breach of the agreement on the part of the defendant and for the recovery of the deposit made against the agreed purchase price on the signing of the agreement.

There is no real dispute about the facts of the case. The defendant had issued an option for the sale of the lands at $1.00 per square foot, but he agreed to reduce the sale price by $34,000 provided this amount was added to the usual deposit of 100f the purchase price on a sale of land. A deposit of $60,000 was therefore made towards the agreed purchase price of $226,903 leaving a balance of $166,903 to be paid on the date of completion.

Under the agreement the defendant was to deposit his documents of title with the plaintiffs' solicitors upon the execution of the agreement, but, as three of his titles had been lost and an application for new titles ha