JUDGMENTBY: ALI FJ, SUFFIAN LP

ALI FJ This is an appeal against the dismissal of an action for specific performance of an agreement which is in the following terms:

"I, Fatimah binti Abdullah (i/c K.442506 (AS)) residing at 11/4

milestone Jalan Sungei Korok, Alor Star, made this document for the

custody of Halimah binti Abdul Rahman (i/c K.015860 (KS)) residing at

Langgar 2, Mukim of Langgar, Kota Star as evidence in the future.

There is a piece of Government land which I applied at the Land Office

Kota Star according to LOKS (KS) 392/76 in Mukim of Kubang Rotan in

area 8 relong (eight) for cultivation of padi, I, Fatimah admit to sell

usaha saya on the said land to Halimah binti Abdul Rahman for the sum

of $ 300 (Dollars three hundred only). The said sum mentioned I,

Fatimah admit receiving from Halimah and I have handed possession of

the said land to Halimah for her to enter and cultivate. My agreement

Fatimah with Halimah is that when the Government issue the documents of

title on the said land then at that time, I, Fatimah undertake to

transfer to the name of Halimah binti Abdul Rahman and all expenses