Arifin Zakaria FCJ:

Background

[1] This is an appeal against the decision of the Court of Appeal reversing the decision of the High Court. Leave was granted by this court on two questions of law which read as follows:

(1) whether the beneficiaries of the deceased person without first obtaining the Letters of Administration have a locus standi to commence an action to protect and to regain the land which has been fraudulently obtained by an outsider; and

(2) after confirming the finding of fraud, whether the court can direct the registration of the said land to the party who had committed the fraud.

[2] The subject matter of the dispute is a 1/2 undivided share in a piece of land situated at Batu 17 3/4, Kuang, Rawang, Selangor held under the Issue Document of Title EMR 2900, Lot 2439, Mukim Rawang, Selangor Darul Ehsan (the said land). Hj. Abu Bakar bin Hj. Sulaiman (deceased) was the registered owner of the said land until it was transferred to Rosman bin Roslan, the respondent in the present case. The validity of the said transfer was challenged by the appellants who alleged that the transfer was obtained by the respondent through fraudulent means.

[3] The appellants cla