Salleh Abas FJ

(delivering the judgment of the Court): This is an appeal from the decision of Wan Hamzah J. dismissing the appellant's suit in connection with the transfer of his land held under Certificate of Title No. 1045 Lot 34 Section 69 Town of Kuala Lumpur to the respondent on January 28, 1965. We heard the appeal at our regular sitting in Kuala Lumpur on October 2, 1980 and after hearing submissions of both parties we dismissed it with costs. Here are our reasons for doing so.

The appellant was the owner of the land. In early 1965, he was in need of money in order to prevent a foreclosure action which was about to be taken against the land. He then approached the respondent through the assistance of two brokers, Yuen Fatt (PW2) and Foo Koon Seng (DW2). After an oral agreement was reached, the appellant contacted his solicitors M/s. D.P. Xavier & Thambiah who after taking instructions wrote to the respondent enquiring about the terms of the agreement. In reply thereto the respondent wrote a letter setting out in detail the terms of the agreement and asked the appellant to sign on the letter if he agreed with the terms. That was done and the appellant's solicitors wrote a rep