Mohamed Azmi J:

This is a claim in respect of certain land known as EMR No. 5109 Lot Nos 5422 and 10763 in the Mukim of Tanjong Karang Kuala Selangor originally held under Approved Application No. 786/50. On 25 October 1950 the plaintiff became the recorded occupant of the said land which comprised of three acres of bendang lot and one acre of kampong lot. As usual, the Approved Application had a restriction in interest whereby the land could not be transferred, charged or leased without the written consent of the Ruler-in-Council. On 14 November 1961 the plaintiff entered into a written agreement with one Fatah Singh, a licensed moneylender, whereby it was agreed that on payment of $2,500 by Fatah Singh to the plaintiff, the latter would submit an application to the Collector of Land Revenue on the same day for the transfer of the said land to Fatah Singh. The full text of the agreement would be reproduced later. On the application of Fatah Singh as attorney of the plaintiff, the latter's right by way of expectation of title in the land in question was assigned by the Collector of Land Revenue Kuala Selangor to Fatah Singh under r. 12(1) of Selangor Land Rules 1930 after