Suffian LP (read by Wan Suleiman FJ):

This is a dispute concerning a piece of Malay Reservation Land comprised in Surat Putus No. 5275 in the District of Kota Setar, Kedah.

The agreed facts in the case are short and simple. In 1944 its registered proprietor, one Mahmud bin Samad (a Malay), sold the land to a Siamese lady, Ah Yam d/o Ah Nam @ Nyonya Yam d/o Indin Nom.

On execution of the agreement, possession of the land and of the title deed to the land was given to the purchaser. The purchase price was paid in three instalments.

Subsequently the Siamese lady (now deceased) sold the land to the present plaintiffs who are Malays.

The land is still registered in Mahmud's name. Mahmud has since died.

The present plaintiffs as administrators of the Siamese lady's estate sued the administrator of Mahmud's estate for specific performance.

At the hearing it was decided by Counsel that the sole question to be decided was whether the sale in 1944 by Mahmud to the Siamese lady was enforceable under the provisions of the Kedah Malay Reservation Enactment (No 63), it being understood that if it was not so, then there could not be specific performance in favour of the plaintiffs.