JUDGMENT

Wan Yahya J:

This is an appeal against the decision of the Senior Assistant Registrar on an application under , wherein he gave judgment for the Respondent.

The Respondent's claim against the Appellant was for the sum of $42,830.45, interest and costs. The claim was based on a letter dated 24th September, 1982 (Exhibit 'A' in Enclosure (8)) in which the Appellant agreed that in consideration of the Respondent withdrawing from the joint venture agreement in respect of Lot 454, Mukim of Padang Temu, Melaka, the Appellant would compensate the Respondent the sum of $90,000.00 being the expenditure incurred in the process of sub-division and building plans which had been approved by the local authorities. Pursuant to the said agreement the Appellant had paid the sum of $47,210.65, leaving a balance of $42,830.45 for which sum the Respondent filed the claim and the Senior Assistant Registrar allowed it on summary judgment.

In his Statement of Defence (Enclosure (6)) the Appellant contended that he agreed to compensate the Respondent in the sum of $85,000.00 only and not $90,000.00. The Appellant alleged further that it was verbally agreed between him and the Respondent that the bala