JUDGMENT

Lim Beng Choon J:

[1] In this suit the plaintiff is claiming for specific performance of a sale and purchase agreement dated 23 March 1971 ("S & P agreement") pursuant to which the plaintiff purchased and the defendants sold the third floor of a proposed 5-storey building ("the said building") to be built on Lot 395 Section 57 in the Town and District of Kuala Lumpur. The said building was duly completed in or around 1973 and the plaintiff paid the full purchase price of RM20,900 but todate no strata title for the third floor has been delivered to the plaintiff by the defendants. The plaintiff alleged that the defendants, in contravention of the then s 151A of the National Land Code 1965 ("NLC") and/or s 8 of the Strata Titles Act 1985, had and still have wrongfully failed and refused to deliver the strata title of the third floor to the plaintiff; neither did they take any positive steps towards the delivery of the said strata title despite numerous requests from the plaintiff. The plaintiff therefore prays for specific performance of the immediate delivery of the strata title of the third floor. Alternatively the plaintiff prays for damages for non-delivery of the sa