[1] This is the sequel to the Boonsom Boonyanit-Adorna properties tragic trilogy. The facts giving rise to the present cause of action have been well set out in the judgments of the High Court, Court of Appeal and Federal Court in the suit brought by Boonsom Boonyanit against Adorna Properties (see Boonsom Boonyanit v. Adorna Properties Sdn Bhd , [1995] 2 MLJ 863 ; Boonsoom Boonyanit v. Adorna Properties Sdn Bhd[1997] 2 MLJ 62; [1997] 3 CLJ 17; [1997] 2 AMR 1813 ; and Adorna Properties Sdn Bhd v. Boonsom Boonyanit @ Sun Yok Eng; [2001] 1 MLJ 241; [2001] 2 CLJ 133; [2001] 1 AMR 665).

The Plaintiff's And The Defendant's Case

[2] The plaintiff is the representative of the estate of his late mother Mrs Boonsom Boonyanit @ Sun Yok Eng ('Mrs Boonsom'). Mrs Boonsom was the registered proprietor of all those pieces of land known as Holding Nos 3606 and 3607, both situate at Bandar Tanjung Bunga, Daerah Timur Laut, Pulau Pinang (now known as Lot Nos 3606 and 3607 both situate at Bandar Tanjung Bunga, Daerah Timur Laut comprised in Grant (First Grade) Registration Nos 28476 and 30255 respectively) ('the said land'). The said land was first acquired by Mrs Boonsom vide mem