LC Vohrah J:

The plaintiffs' claim is for delivery of vacant possession and damages in respect of land identified as QT (M) 497 Lot 546 in the Mukim of Kuala Lumpur, Selangor ("the said land") of which they became registered owners. The defendant in his statement of defence alleges fraud and conspiracy on their part in taking a transfer of the title to the said land and in his counterclaim prays for delivery of the title to him on the ground that he is beneficial owner.

I find the following facts either admitted or proved. The defendant and one Wong Chin Kuang ("the deceased"), the father of the plaintiffs, were relatives and in 1959 each of them worked as a cook in an English home. At that time the deceased was staying at house No. 54 Sungei Way New Village on Lot No. 547 which is adjacent to the said land. The deceased's daughter Wong Choh Yuen (PW5) who is elder to the plaintiffs in 1958, two years after her marriage and whilst residing in Tampin with her husband, applied for the alienation to her of the said land for a dwelling-house site. The Collector of Land Revenue by a notice dated 4 July 1958 (P5) informed her that her application had been approved on the terms and