GROUNDS OF JUDGMENT

This was an application by the plaintiff by way of a summons-in-chambers in enclosure 9 for the following prayers:

"(1) That the plaintiff be at liberty to obtain judgment against the defendant under Order 18, rule 1 (1) of the Rules of the High Court, 1980 ["RHC"] for the following reliefs:

(i) specific performance of an understanding dated November 19, 1986;

(ii) surrender of the following land titles:

(a) H.S. (D) 27859 PTD 10406;and

(b) H.S.(D) 27885 PTD 10432 both of which were located at Mukim Tebrau, Johor Bahru, Johore to the plaintiff.

(iii) a new transferform vide Form 14A under the National Land Code, 1965 to be signed by the defendant and in the event the defendant refused to sign, the Senior Assistant Registrar of the High Court, Johor Bahru will sign the said form on behalf of the defendant;

(iv) damages; and

(v) costs.

(2) The costs of the said application be costs in the cause.

(3) Any otherorders which the court feel constrained to order which are fair and reasonable."

The application was supported by an affidavit of Chan Hwa Yik that was affirmed on June 9, 1997 as reflected in enclosure 8. By way of a responsethe defendant through Ng Piak Yeow affirme