Ajaib Singh J:

This was an application for an order that a private caveat entered by the respondent against land belonging to the applicants under Grant No. 2457 Lot 593 in the Mukim of Ampangan be forthwith removed on the ground that the respondent had no interest in the land after he had failed to complete the purchase of the said land under an agreement for sale dated 28 June 1974. The applicants also claimed damages for loss suffered by them as a result of the wrongful lodgment of the caveat and the failure on the part of the respondent to withdraw it after 28 September 1974 which was the date for the completion of the sale of the land.

The application was by originating motion supported by a joint affidavit of the applicants dated 7 August 1975. In their affidavit the applicants stated that they were co-owners of the land and they had entered into a written agreement with the respondent on 28 June 1974 whereby the respondent was to purchase the land at the price of $827,656.25. Time was stated to be the essence of the contract and the agreement provided that the purchase should be completed on or before 28 September 1974. The respondent however failed to complete the