Mohamed Dzaiddin J:

[1] In this action, the plaintiff sued the defendant for damages for libel in a letter written by the defendant dated 28 May 1979 concerning the plaintiff in connection with certain professional duties undertaken on behalf of the defendant.

[2] The facts of the matter are these. The plaintiff is a land surveyor by profession and has been carrying on his practice under the name and style of Syarikat Ayob bin Saud. The defendant, on the other hand, is a lawyer and a retired senior legal officer, formerly attached to the Attorney General's Chambers, Kuala Lumpur. Insofar as this case was concerned the defendant is a registered proprietor of a piece of land known as Lot 1899, Mukim Sidam Kanan, Kulim, Kedah, ("the said land"). Sometime in 1978, the defendant was interested to develop the said land and appointed Koperasi Nesa Pelbagai Bhd as the developer. It is quite correct to assume that as he was too preoccupied with his professional duties, he appointed one Perianayagam, his old schoolmate, to be his agent in supervising the project. The development of the said land required some sub-divisional survey work to be undertaken by a surveyor. The plaintiff was