3) Issue: The issue arises in this particular case is whether Khaw Bian Cheng, the purchaser of a rubber estate

in Perak known as the Harewood Estate is entitled to the return of his deposits at the total of 100,000 since the vendor, Aberfoyle Plantations Ltd does not fulfill the condition as stated in the conditional agreement within the stipulated time and by that limited for its performance.

4) In a conditional agreement, time is the essence for the performance of the condition during a contract and either the court or the contract cannot extend the time of the performance. In Aberfoyle Plantations Ltd. v Cheng [1960] time never was of the essence in this contract. Certain rules regarding the time for performance of a condition were laid down: a) When a conditional contract of sale fixes a date for completion of the sale, then the condition must be fulfilled by that date; b) When a conditional contract of sale fixes no date for completion of the sale, then the condition must be fulfilled within a reasonable time; c) When a conditional contract of sale fixes (whether specifically or by reference to the date fixed for completion) the date by which the condition is to be fulfilled, then the date so fixed must be strictly adhere to, and the time allowed is not to be extended by reference to equitable principles. Failure to commit and perform the contract within the time which has been stated will discharge the other party from his performance. In Aberfoyle Plantations Ltd. v Cheng [1960], the vendor (Aberfoyle Plantations Ltd) failed to transfer the estate within the specified date after the purchaser has already made the deposits. The purchaser then brought this case to the court against the vendor to claim the return for the deposits paid. The agreement is considered as voidable.