JUDGMENT

Abdul Kadir Sulaiman JCA:

[1] On 16 March 2005 two appeals came up for hearing before us. One is Appeal No. W-02-567-2003 and the other is Appeal No. W-02-898-2004. The parties agreed that the disposal of Appeal No. W-02-567-2003 would render Appeal No. W-02-898-2004 academic. On that basis we commenced hearing of Appeal No. W-02-567-2003. We had on that day, 16 March 2005, dismissed the appellant's appeal in Appeal No. W-02-567-2003 with costs. In compliance with the agreement at the commencement of the hearing, the learned counsel for the appellant in Appeal No. W-02-898-2004 withdrew that appeal. In the circumstance, that appeal was struck off with no order as to costs. We directed that the deposit be refunded to the appellant in that appeal. We now give our reasons for the dismissal of Appeal No. W-02-567-2003.

[2] The brief facts leading to Appeal No. W-02-567-2003 are these. The appellant who was the defendant in the court below is the registered proprietor of a piece of land held under Grant No. 10101, Lot No. 14271, Setapak, Kuala Lumpur measuring approximately 283,026 square meters ("the said land").

[3] The appellant and the respondent entered into a sale and pur