Lamin Mohd. Yunus J:

The facts of this case are as follows. On or about 1 April 1985 the plaintiff bank accepted a charge over property held under HS(D) 4852 Lot 24401 Mukim Kuala Kuantan from the 1st defendant to secure a housing loan for RM92,000 with interest at the rate of 13. per annum. The said charge was presented for registration to the land office and accepted vide presentation number 1170/85. But on 23 May 1985 the charge together with issue document of title were returned to the plaintiff's solicitors as the official receipt for quit rent for the year 1985 was not supplied to the land office. When the documents were returned to the firm of solicitors, they were kept by the clerk of the firm one Miss Catherine Thong who did not bring them to the attention of the solicitors of the said firm. Only in early February 1986, after Miss Thong had left the firm it was discovered that the documents were all the time in her drawer and had not been re-presented. So on 7 February 1986 an attempt was made to once more register the charge. It could not be done as there was already a private caveat vide presentation number 567/85 lodged on 11 June 1985 by the 2nd defendant, Yahy