JUDGMENT

Abdul Malik Ishak J:

This was an application by the plaintiffs in encl. 3 for the following prayers:

(1) that the private caveat lodged by the defendant on September 21, 1995 vide Presentation Number 1953/95, Jilid 17, Folio 191 on the land known as EMR 1405, Lot 1948 in the Mukim of Plentong, Johor ("land") be removed;

(2) damages for the wrongful entry of the caveat to be assessed by the Senior Assistant Registrar;

(3) an interlocutory injunction to restrain the defendant from entering any further caveats;

(4) any further order or relief as the court may deem fit and proper; and

(5) costs to be borne by the defendant and payable to the plaintiffs.

The facts garnered from the affidavits filed by the parties thereto can be stated thus.

The plaintiffs are the registered proprietors of the land measuring 8 acres 1 rood 09 poles. By an agreement dated 6 January 1995, the plaintiffs agreed to sell a portion of the land measuring three acres, delineated in the plan annexed to the agreement, at RM718,000. Certain terms were expressed in the agreement and these included:

(a) that the sum of RM71,800 paid by the defendant shall be construed as a deposit and as part payment