Suffian CJ:

[1] The main question in this appeal is whether the plaintiff (respondent before us) has proved that an undivided half share in Lot No 396 in Pasir Mas and bearing Grant No 5050 is held by the registered proprietress, his sister the defendant (appellant before us), in trust for him, as was found by the learned trial judge.

[2] The undisputed facts are as follows. The land in question originally belonged to Wan Ibrahim bin Haji Wan Sulaiman. Some time before 7 April 1956, he sold it to Haji Wan Abdullah, the parties' father now deceased. On that day Wan Ibrahim transferred it not to the purchaser but to the purchaser's brother-in-law, one Ahmad bin Haji Awang. At that time the purchaser's daughter (the defendant) was already married, but his son (the plaintiff) was still an infant. On 9 June 1957, Ahmad bin Haji Awang transferred the whole land to the defendant.

[3] In 1960 the deceased built on the land a shophouse which was completed early in 1961. The deceased occupied the shophouse for about four months, and then he leased it to the United Malayan Banking Corporation. Some time in 1968 the deceased died. The land had never at any time been registered in his name