[1] The appellant's (plaintiff in the High Court) claim in the High Court against the respondent (defendant in the High Court) was to recover a piece of land held under HS(D) 27505, Lot No 19160, Kuala Lumpur, Wilayah Persekutuan with a double-storey shop house erected thereon (hereinafter referred to as "the land").

[2] The plaintiff claimed that it is the beneficial owner of the land, and the defendant is holding the land on trust for the plaintiff and the plaintiff is entitled to recover the defendant's undivided share in the land which is the trust property. The plaintiff is also claiming rental proceeds in the defendant's possession, or previously received by the defendant and converted to his own use.

[3] After a full trial, the learned trial judge of the High Court dismissed the said claim.

[4] The plaintiff appealed to the Court of Appeal. The matter came before us and after hearing submissions of the parties and perusing through the Appeal Records, we hereby unanimously, allowed the appeal and