JUDGMENT

James Foong J:

Introduction

Enclosure 5 is an application of the plaintiff for summary judgment under O. 81 Rules of High Court (RHC).

The facts of this case is simply this: On 14 September 1998 the plaintiff agreed under a sale and purchase agreement (the S&P agreement) to purchase two industrial lots (the property) in an industrial complex at Bandar Petaling Jaya from the 1st defendant for a sum of RM400,000. Subsequent to the execution of the S&P agreement the plaintiff paid the full purchase price according to the terms and conditions wherein, part of it (RM60,000) was deposited with the 2nd defendant who is a solicitor for the 1st defendant as stakeholder. In consequence of this, relevant deeds of assignment of the property (there being no individual document of title issued) were executed by the parties. They are yet, however, to be perfected with the consent of the developer. The delay in perfecting the documentation was due to withholding of these documents by the defendants for reason that there is a dispute over two parking bays in the industrial complex. According to the 1st defendant the sale of the property does not include these car parks whilst the plaintif