PLAINTIFF'S CASE

The defendant is the registered owner of all that land known as EMR 762, Lot No. 1748 Mukim of Perak (the said land). The plaintiff contends that by a letter dated 6.3.97 and signed by both parties, the defendant agreed to sell the said land to the plaintiff for a consideration of RM220,000.00. The plaintiff paid a deposit of 10% as was required by the said letter amounting to RM22,000.00. It was inter alia agreed that a formal sale and purchase agreement was to be drawn up by the plaintiff's solicitors pending a search to be done on the said land. The plaintiff's solicitors then forwarded a first draft to the defendant for her approval.

By a letter dated 17.4.97 the defendant wrote to the plaintiff's solicitors repudiating the sale of the said land to the plaintiff and at the same time making out a cheque for the sum of RM22,000.00, thus returning the 10% deposit which she had earlier accepted. The plaintiff's solicitors rejected the said repudiation and returned the said cheque to the defendant. The plaintiff then lodged a private caveat on the said land to protect his interest.

Subsequently through new solicitors the plaintiff yet again wrote to the def