JUDGMENT

Hashim Yeop A Sani J:

By an agreement (Exh. P1) entered into in 1966 between the plaintiff and the defendant (a housing developer) the plaintiff purchased an area of land marked as Lot No S-25 (hereinafter referred to as the "said lot") in the Setapak Garden Housing Estate as described in map annexed to P1. By virtue of the said agreement the plaintiff, inter-alia, agreed to repay to the defendant from a certain date a proportion of the total of certain out-goings as hereinafter described, paid by the defendant in respect of the land. The plaintiff alleges that he had repaid (and the defendant had collected) in excess of the amount as agreed and the defendant has failed or refused to refund the said excess to the plaintiff.

The plaintiff claims for a declaration that the defendant was only entitled to collect quit rent and education rates for the period specified from the plaintiff "only for such amount as the said lot proportionately bears against the whole area excluding areas reserved for roads, open spaces, electrical sub-stations and communal amenities." At the commencement of the hearing the plaintiff left open the amount alleged to be in excess as that would depend