Ali FJ:

[1] This is an appeal against the dismissal of an action for specific performance of an agreement which is in the following terms:

"I, Fatimah binti Abdullah (i/c k 442506 (AS)) residing at 1¼ milestone Jalan Sungei Korok, Alor Star, made this document for the custody of Halimah binti Abdul Rahman (i/c k 015860 (KS)) residing at Langgar 2, Mukim of Langgar, Kota Star as evidence in the future.

There is a piece of Government land which I applied at the Land Office Kota Star according to LOKS (KS) 392/76 in Mukim of Kubang Rotan in area 8 relong (eight) for cultivation of padi, I, Fatimah admit to sell 'usaha saya' on the said land to Halimah binti Abdul Rahman for the sum of $300 (Dollars three hundred only). The said sum mentioned I, Fatimah admit receiving from Halimah and I have handed possession of the said land to Halimah for her to enter and cultivate. My agreement Fatimah with Halimah is that when the Government issue the documents of title on the said land then at that time, I, Fatimah undertake to transfer to the name of Halimah binti Abdul Rahman and all expenses payable at the time I, Fatimah undertake to pay."

"Both of us abovementioned have hereunto affix ou