JUDGMENT

Salleh Abas CJ (Malaya):

This is an appeal from the judgment of Datuk Wan Hamzah J given on 6 April 1982 arising out of the respondents' originating summons asking for certain declarations and ancillary orders. The points at issue are these: Principally, whether an agreement dated 19 September 1980 by which the respondents agreed to sell and the appellants to buy a certain immoveable property known as Sharidal Complex was, as contended by the respondents, aborted, i.e. became void on 30 April 1982, through no fault of anyone, or as contended by the appellants is still subsisting entitling them to a specific performance. Alternatively, if the agreement did not become void on that date, whether the respondents were discharged from further performance thereof because of the failure by the appellants to pay the balance of the purchase price within the stipulated time, therefore entitling the respondents to forfeit the deposit paid thereunder. The learned Judge held both the principal and the alternative issues in favour of the respondents and made a number of consequential orders based on the principal issue.

The facts are as follows: The respondents agreed to sell to the appe