George Seah FJ:

This is an appeal from a decision of the High Court at Kuala Trengganu declaring that the plaintiff/respondent is the owner of one-half of the land now known as Lot 2080, Mukim Chabang Tiga, Kuala Trengganu held under KRM 991 and ordering that the said land be so sub-divided that the respondent should retain the area he now occupies plus an additional area so as to make up his total holding to be one-half of the entire area of the said land and that the remaining area should go to the defendant/appellant and her five sons whose shares in the said land should therefore be adjusted accordingly.

At all material times the appellant was the registered owner of a parcel of land described as AMT 1, Mukim of Kuala Trengganu. It is common ground that the said land is now known as Lot 2080, Mukim Chabang Tiga, Kuala Trengganu held under KRM 991 and contains an area of 1.533 acres, more or less.

On 12 May 1954 the appellant and the respondent executed a document called "Surat Perjanjian". The signature of the appellant was witnessed by her son, Soon Hup Cheng and that of the respondent by Poh Yin Chun. Following the signing of this agreement the respondent went into o