GROUNDS OF JUDGMENT

Ramly Ali JCA:

1. This is an appeal by the Defendant/Appellant against the decision of the learned High Court Judge dated 17.1.2008, whereby after a full trial it was inter alia ordered that two sale and purchase agreements both dated 3.5.1974 in respect of two lands held under (a) HSM 1715 (4225) Lot No. PT 2261 Mukim Hulu Kelang Batu 7 ¼ Hulu Kelang Daerah Gombak and (b) HSM 1716 (4226) Lot No. PT 2262 Mukim Hulu Kelang Batu 7 ¼ Hulu Kelang Daerah Gombak were to be specifically performed subject to the fulfillment of certain conditions and costs were also ordered in favour of the Respondent/Plaintiff.

2. The conditions imposed in the said judgment are as follows:-

(a) The Defendant shall, within a month hereof demand payment for the development costs to be charged and supported by the certificate from the Defendant's accountant in accordance with P1A and P1B. The Plaintiff shall make payment within a month of receipt of such demand from the Defendant.

(b) The Defendant shall, within a month hereof, demand payments of the conversion, the sub-division and survey fees from the Plaintiff in proportion to the area of the Plaintiff's sub-divided lots calculated on the am