JUDGMENT

PLAINTIFF'S CASE

The defendant is the registered owner of all that land known as EMR 762, Lot No. 1748 Mukim of Perak (the said land). The plaintiff contends that by a letter dated 6.3.97 and signed by both parties, the defendant agreed to sell the said land to the plaintiff for a consideration of RM220,000.00. The plaintiff paid a deposit of 10% as was required by the said letter amounting to RM22,000.00. It was inter alia agreed that a formal sale and purchase agreement was to be drawn up by the plaintiff's solicitors pending a search to be done on the said land. The plaintiff's solicitors then forwarded a first draft to the defendant for her approval.

By a letter dated 17.4.97 the defendant wrote to the plaintiff's solicitors repudiating the sale of the said land to the plaintiff and at the same time making out a cheque for the sum of RM22,000.00, thus returning the 10% deposit which she had earlier accepted. The plaintiff's solicitors rejected the said repudiation and returned the said cheque to the defendant. The plaintiff then lodged a private caveat on the said land to protect his interest.

Subsequently through new solicitors the plaintiff yet again wrote to the def