JUDGMENT

Abdul Hamid Omar LP:

I have had the benefit of reading the judgments of Mohd. Azmi SCJ and that of Ajaib Singh SCJ in draft. With respect I am unable to agree with the conclusion reached by Mohd. Azmi SCJ but am inclined to agree with Ajaib Singh SCJ. It would appear clear to me that the question of repayment from end financing was raised by the defendant in an appeal before Harun J against the Senior Assistant Registrar's decision. But the Judge made a ruling that this was a matter which the defendant may sue separately and they did.

I am also of the view that the question of suspension of the end financing was a question of fact which was properly dealt with by the learned Judge and I see no reason why this Court should interfere with the finding.

As Mohd. Azmi SCJ is delivering a dissenting judgment and the judgment of this Court shall therefore be a majority judgment, this appeal is accordingly dismissed with costs here and in the Court below.

However, I would also order that the case be remitted, not to the Senior Assistant Registrar but to the learned Judge himself for the ascertainment of any loss suffered by the plaintiffs/respondents and therefore to that extent t