Abdul Malek Ahmad FCJ:

In the original originating summons dated 10 September 1997, the first respondent/plaintiff had applied for an order against the appellant/first defendant for a declaration that the sale and purchase agreement dated 2 July 1996 between the plaintiff and the defendant for the sale of the plaintiff's lease of the land under a qualified title H.S.(D) 143155 PTD 80563 in the Mukim of Plentong, District of Johor Bahru, State of Johor, which said lease was duly registered on 15 January 1992 vide Presentation Number 2474/92, Volume 12, Folio 39 is valid and binding on the plaintiff and defendant and for such further or other relief and costs.

In an amended originating summons on 24 September 1997, the second respondent was brought in as second defendant and the main prayer was amended to read that the receiver and manager of the plaintiff is duly empowered to sell the plaintiff's lease of the said land as described in the original originating summons.

As stated by learned counsel for the appellant and learned counsel for the first respondent in their respective skeletal submissions, the agreed facts were as follows:

(a) the first respondent is the regist