Application

In the application of the law into the case provided above of Jambu and Ciku where they had the jual
janji agreement which is Jambu obtained a loan from Ciku with the sum of RM 20,000.00 and to
return the money before 31 st December 2008, Jambu could proceed for a legal action towards Ciku
and to obtain the piece of land in Kajang. This is due to that when Jambu was trying to repayment
full amount of the loan on 15 November 2008 to Ciku, Ciku does not accepting the money and
requested to pay an additional amount of RM 10,000.00 which is not stated in the agreement
before. This is not acceptable in the elements of jual janji as the act of Ciku is to evade the payment
of loan. This is similar to the case of Hatijah Bte Rejab v Abdullah Saad [2004] 2 AMR 665, in which
the defendant does not want to retransfer the land to the plaintif by evading the repayment of the
loan, the court decided to have the defendant to return the piece of land to the plaintif as there is a
jual janji agreement. In applying to the case of Jambu, Jambu can claim back the land from Ciku
without the need to pay additional RM 10,000.00 as it is part of the agreed jual janji agreement.