Ali FJ:

This is an appeal against the dismissal of the appellant's claim for $7,000.

The claim arose out of a transaction involving the transfer of appellant's land, Lot No. 60, to the respondent and the transfer of respondent's land, Lot No. 177, to the appellant. Both transfers were executed on 21 March 1965.

The appellant's case, as stated in the pleadings, is that the consideration for the transfer of Lot No. 60 was $25,000 and that for Lot No. 177 was $14,000, thereby leaving a balance of $11,000 which was agreed to be settled by (a) Nik Hassan Yahya, $4,000, and (b) Nik Abdul Majid Yahya, $7,000. Both Nik Hassan and Nik Abdul Majid are the sons of the respondent. In this appeal we are only concerned with the sum of $7,000 which was agreed to be settled by Nik Abdul Majid.

The manner in which Nik Abdul Majid Yahya was to settle the amount is described in para. 6(c) of the statement of claim in these words -

The defendant's son Nik Abdul Majid Yahya agreed to build and complete a building on plot No. 5 of Lot No. 47 S 24, Kota Bharu and to transfer the said plot of land and building to and for the benefit of the defendant's nominee Nik Halimah binti Abdul Rahman fo