Azmi LP (read by Raja Azlan Shah FJ):

This action arose out of the registration of transfer of certain lands of which the plaintiff was the previous proprietor. The plaintiff alleged that the said lands were fraudulently transferred to the first defendant as the trustee for Jagvinder Kaur (f) an infant and gave the following particulars of fraud:

(a) On 15 January 1969 second defendant obtained the Memorandum of Transfer and other Document executed on 17 July 1968, and which should have been cancelled, from Messrs. KL Devaser & Co, without the plaintiff's knowledge or consent.

(b)On 29 January 1969, the second defendant falsely and in furtherance of the fraud, made a false declaration that the Issue Documents of Title to the said lands were lost.

(c)The second defendant falsely stated that he had come to the knowledge that the Issue Documents of Title to the said lands were lost and that he had made an extensive search but to no avail.

(d)The second defendant further stated that he had not deposited the Issue Documents of Title with any person. The Issue Documents of Title were with the plaintiff. The first defendant and the second defendant were aware of this.

(e)The second defendant made the false declaration for the purpose of fraudulently procuring the transfer and registration of the said lands to the first defendant as the trustee for Jagvinder Kaur (f) an infant, and obtaining a new set of Title Deeds in the name of the first defendant.

(f) On the same day, without the plaintiff's knowledge or consent, the Memorandum of Transfer of the said lands to the first defendant as the trustee for Jagvinder Kaur (f) an infant which were executed on 17 July 1968, and which the plaintiff instructed Messrs. KL Devaser & Co. to cancel, were registered.

(g)On 7 May 1969, new documents of Title Nos 18245, 18246 and 18247 were issued, though the plaintiff still had in his possession the Original Issue Document of Title Nos 5597, 5598 and 5599.

(h)The first and second defendant had at all material times to this transaction knowledge that the plaintiff had changed his intention of making the gift of the said lands to Jagvinder Kaur (f) an infant and had cancelled the relevant documents and that the said first and second defendants acted in collusion in fraudulently procurring the transfer of the said lands to the name of the first defendant as trustee for Jagvinder Kaur (f) an infant.

The plaintiff therefore prayed for judgment for the following: -

(1)a declaration that the purported Power of Attorney executed on 24 July 1968, and registered in the High Court, Kuala Lumpur, Registration No. 935/68 appointing the second defendant to be his attorney be declared null and void.

(2)a declaration that the Documents of Title issued on 7 May 1969, Nos 19245, 19246 and 19247 to the said lands be declared null and void.

(3)An order that the name of the first defendant as the trustee for Jagvinder Kaur (f) an infant be removed from the Registrar of Titles and the plaintiff's name be reentered as the sole-proprietor of the said lands.

(4)an order that the Registrar of Titles cancel Title Nos 18245, 18246, 18247 and re-enter Title Nos. 5597, 5598 and 5599 on the Register as Titles to the said lands.

(5)Damages.

(6)Costs of the suit.

(7)Such further and other relief as this Honourable Court may think fit.

The relevant facts of the case may be briefly stated as follows: - The plaintiff was married to Amarjit Kaur PW2. The first defendant is her sister. The first defendant and second defendant are man and wife. The infant Jagvinder Kaur is their child. Plaintiff adopted the child and intended to leave certain lands and houses, the subject matter of this litigation to the child. At first he made a will in favour of the child. The will was prepared by and signed in the presence of a solicitor Mr. Au-Yang Peng Choon on 10 July 1968.

On 17 July 1968 plaintiff in the company of the defendants and the infant saw Mr. Devaser, plaintif