JUDGMENT

Zainun Ali J:

In this application for vacant possession under O. 89 Rules of the High Court 1980 ("RHC"), the plaintiff having countenanced the potential pitfall when purchasing the property without vacant possession, nevertheless went on ahead with the transaction.

The Facts

As far as can be discerned from the documents filed, the plaintiff as purchaser for value entered into a sale and purchase agreement dated 15 March 1996 with one Oakfield Enterprise Sdn Bhd (hereinafter referred to as "Oakfield") as vendor, to purchase all those lands held in 407 individual lots comprising an area of approximately 2,815,083 sq ft for the sum of RM32,577,452.31, free of encumbrances but without vacant possession.

The said lots were formerly held in Lot 83 Grant 72 Mukim of Plentong, District of Johor Bahru and now known as HS(D) 151079 to HS(D) 151601 for Lots PTD 64070 to PTD 64592 respectively (hereinafter referred to as the "said lands").

Upon payment of the full purchase price, the plaintiff on 2nd October 1996 became the registered proprietor of 401 of the said 407 individual lots of land namely HS(D) 151079 PTD 64070 to HS(D) 151275 PTD 64266; HS(D) 151277 PTD 64268 to HS(D) 1