Rahmah Hussain J:

This is an appeal against the decision of the learned senior assistant registrar, allowing the plaintiffs' claims to be struck out for res judicata and/or multiplicity of actions.

The defendant's main contention is that the present action before this court constitutes res judicata and/or multiplicity of actions because there were two previous actions involving the same parties (hereinafter referred to as the first and second actions).

The background facts of the first action are these: The plaintiffs' claims against the defendant arise from the defendant's breach of a sale & purchase agreement dated 30 March 1981 and a Supplementary Agreement dated 10 March 1986. (See exhs. "ST1" & "ST2" - encl. (8)).

The defendant breached the agreement by failing to comply with the terms of payment of the purchase price.As a result the plaintiffs exercised their right under cl. 4 of the supplementary agreement (ST-2) and terminated the agreement.Thereafter they demanded the defendant to deliver vacant possession of the property.

The defendant failed, refused or neglected to deliver vacant possession, hence the plaintiffs commenced an action in the Kuala Lumpur High court purs