JUDGMENT

Gunn Chit Tuan J:

Quah Ban Poh (the plaintiff) who is an engineer, sued Dragon Garden Pte. Ltd. (the defendant) for damages for breach of contract and for delivery of the title deed relating to QT (R) NO. 2401, MLO No. 2439, Mukim of Plentong, District of Johore Bahru, State of Johore (the said land). The plaintiff had agreed by a written agreement dated 20 July 1974 (see pp. 1 - 18 of the Agreed Bundle marked A) to purchase the said land from the defendant together with a double-storey house to be erected thereon for a total purchase price of RM38,500. Under the said agreement the defendant was to complete the house within a period of 18 months i.e. on or before 31 December 1975.

The events leading up to the institution of this suit on 2 February 1977, were as follows. On 20 November 1975, the plaintiff received a letter (P2) from M/s. Tan & Tan, advocates & solicitors who were representing both parties, notifying him that the house was completed and fit for occupation. He was asked to arrange to take possession of the house and to pay the last and final instalment of RM3,850 within 14 days of receipt of the said letter. The plaintiff also received a copy of an architect'