Mokhtar Sidin JCA:

We have dismissed the appeal by the appellants earlier. Now, we give our reasons for doing so.

In this appeal the appellants (the second and third defendants in the court below) appealed against the decision of the High Court, Kuala Lumpur which decided in favour of the respondents (the plaintiffs in the court below). In order to avoid any confusion we will refer to the parties as they were in the court below.

The plaintiffs, by a sale and purchase agreement dated 7 January 1984 (hereinafter referred to as the first agreement) agreed to purchase and the first defendant agreed to sell a 4-storey shophouse to be built on Lot H.S.(D) 10748 MLO 6445 Mukim Plentong, Daerah Johor Bahru, Johor (hereinafter referred to as the said property) at the price of RM300,000. The plaintiffs had paid a total sum of RM160,000 of the purchase price in accordance with the Third Schedule of the agreement. The balance of RM140,000 (hereinafter referred to as the balance purchase price) were to be paid in stages by the plaintiffs from a housing loan to be obtained by them from a financial institution. B