Siti Norma Yaakob JCA:

The dispute in this appeal is about the dealings and transactions conducted over a piece of land comprised in Grant for Land (Surat Putus) No. 4437, Portion No. 123 in the Mukim of Sungei Pasir, District of Kuala Muda in the State of Kedah containing an area of 138 relongs 458 jembar ("the land"). The registered proprietors of the land are the three respondents before us and one Haji Abdul Latiff bin Talib ("Latiff") in equal undivided shares. Latiff is not a party in these proceedings.

The land was purchased by the first respondent at a public auction on 15 December, 1973, for RM80,000. Since he had successfully bidded at the auction, the land was initially registered in his name as sole proprietor on 6 February 1974, but on the same day the land was transferred and registered in his name and three others as well, they being the second and third respondents and Latiff in equal shares. It is the third respondent's evidence that he paid the first respondent, his brother-in-l