Vohrah J

This is an application under Order 18 rule 19 of the Rules of the High Court 1980 on the part of the defendant for an order that the statement of claim of the plaintiff be struck out and his action dismissed with costs on the ground that the statement of claim discloses no reasonable cause of action or that it is frivolous and vexatious or is otherwise an abuse of the process of the Court. The action is for specific performance of an agreement for the sale and purchase of land and alternatively for the return of a sum of money which was paid as consideration for the agreement and deemed as part payment of the purchase price.

The relevant facts of the case are as follows. The defendant is the registered owner of a piece of land held under H.S.(D) 26199 P.T. No.41145 in the Mukim of Kuala Lumpur together with a double-storeyed link house erected thereon known as No.9, Jalan Pudina, Bukit Bandaraya, Kuala Lumpur ("the property"). By an agreement dated August 4, 1982 made between the plaintiff and the defendant it was agreed that the plaintiff purchase the property from the defendant for the sum of $250,000/- subject to the terms and conditions set out in the agreement (See Ex