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1972 MarsdenLR 163

JUDGMENT

Azmi LP:

The plaintiff is the administrator of the estate of his mother, Haji Munah binte Lebai Karim, deceased and brought this suit against the two defendants:

(i) For a declaration that the transfer of the three pieces of lands comprised in SPK Nos. 3163, 3165 and 3166 Mukim of Padang Hang District of Kota Star by the first defendant to the second defendant under Transfer Presentation No. 298/ 27.2.1378 (11 September 1958) Land Office, Kota Star be null and void.

(ii)That the first defendant do specifically perform the verbal agreement by transferring the said three pieces of lands comprised in SPK No. 3163, 3165 and 3166 Mukim of Padang Hang, Kota Star to the plaintiff as the Administrator of the Estate of Haji Munah binti Lebai Karim deceased for $600.

To appreciate fully the grounds of decision of the learned trial Judge, it is in my view necessary to set out the plaintiff's statement of claim in full and the relevant paragraphs read as follows:- "The said Haji Munah binti Lebai Karim (hereinafter referred to as the deceased) was the administratrix of the estate of Harun bin Haji Mohamed Saman deceased and as such Administratrix agreed to sell:

(1)the piece of

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