Siti Norma Yaakob J

The parties to this suit belong to one family and their dispute is over the ownership of a piece of land measuring five acres in area, where they all live in four houses that have been erected on it.

Prior to 2 May 1984, the plaintiff was the registered proprietress of the land but after that date, her three sons, the defendants, became its registered owners. It is this transfer that the plaintiff now alleges as being null and void as she had never consented to it in the first place and that her thumb-print appearing on the transfer form was obtained fraudulently. To that end, she also relies on the plea of non est factum and in this she claims the re-transfer of the land into her name.

The plaintiff has nine children, six daughters and three sons who are the defendants. From AB2, a letter dated 20 June 1975 written by her six daughters, it is very clear that the dispute over the land had been long outstanding between the female and male members of the family. The letter addressed to the Datok Penghulu, Jeram, and copied to the Ketua Kampong Sungai Buloh and the Member of Parliament of the area, sought the assistance of the Datok Penghulu to settle the disp