Mathew CJ:

This is an appeal against a decision refusing specific performance of a contract of sale in respect of a piece of land in the town of Ipoh, Certificate of Title No. 7682 for Ut 993 N, which the first respondent sold to the appellant.

The facts in this case, with one exception ,ire identical with those in Federation Civil Appeal No. 15 Of 1952 [1953] 1 MLRA 419, [1953] MLJ 135, in which the parties to this appeal were also concerned. The judgment of this Court in that appeal is reported in [1953] MLJ p. 135. In this case the subject-matter of this appeal, the agreement for sale was made on 20 January 1948, and a caveat presented by the second and third respondents on 27 May I948. In the former case the agreement for sale was made on 30 November 1948, a caveat having been presented by the second and third respondents on 26 May 1948 and registered the following day.

Mr. Charlesworth for the appellant has argued this appeal on the assumption that the Court was correct in holding (in Civil Appeal No. 15 of 1952 [1953] 1 MLRA 419, [1953] MLJ 135) that the property in question was partnership property, and that the second, third and fourth respondents had registrable int