JUDGMENT

Gopal Sri Ram JCA:

This is a tolerably plain case. We were prepared to deliver our decision at the close of arguments on 12 January. However, in deference to the careful arguments advanced by Mr Vinayak Pradhan of counsel for the appellant we reserved judgment to today. The factual matrix relevant to this appeal is as follows.

The appellant entered into two even dated agreements with the respondent. Both agreements contain the same terms. Under each of these agreements the respondent purchased land from the appellant and undertook the further obligation to construct buildings on them in accordance with the plans prepared and provided by the appellant. The appellant's aim was to have a sea front project in Johor Baru for aesthetic improvement of that city. The purchase price for the land was to be paid by instalments. As to what would happen in the event of a justified termination of the agreements by the appellant is provided for in two clauses in the agreements. They are cls. 8.2(b) and 16.2. They are important. And this is what they say:.

8.2 Consequences of termination of Agreement

Upon the termination of this Agreement under Section 8 1(B) hereof and without prejudice