Syed Agil Barakbah FJ:

This case is rather unusual in the sense that the two appellants who are mother and son as the plaintiffs in the Court below and in their capacity as co-administratrix and co-administrator of the estate of one Gurdial Singh s/o Cherah Singh (deceased) their husband and father respectively, gave contradictory versions on material points in their testimonies before Peh Swee Chin J in the High Court, Kuala Lumpur, relating to their claim against the respondents/defendants. They claimed inter alia for a declaration that the estate of the deceased is the beneficial owner of a piece of land held under C.T. 16801 Lot 2889 situated in the Mukim of Bukit Raja in the District of Kelang in the State of Selangor (the said land). Their main allegation was fraud on the part of the respondents as particularised at para. 7 of the statement of claim with 13 allegations.

The learned Judge in a careful and detailed judgment dismissed their claim with costs. Being dissatisfied with the said judgment they have now appealed to this Court. The memorandum of appeal contains 10 grounds. However, the appellants' Counsel abandoned all including the allegation of fraud except f