Howes J:

[1] Prior to August 1932 the plaintiff was the registered proprietor of four pieces of land under EMR Saiong Nos 4,910, 4,917, 4,834 and 4,833.

[2] On 29 August 1932 the second defendant, Bahadur Singh purporting to sign as attorney for the plaintiff, transferred these lands to the first defendant, Kehar Singh (whose attorney the second defendant also was at that time) for an alleged consideration of $3,000. In fact, no money passed. Bahadur Singh therefore signed the transfer in a dual capacity, viz., as attorney for both transferor and transferee, and in due course Kehar Singh was registered as, and is still on the register as proprietor of these lands.

[3] The plaintiff now seeks: (1) a declaration that the above transfer to Kehar Singh was void; (2) an order to rectify the register and that the plaintiff be registered as the proprietor; (3) a declaration that the lands are not liable to be sold by the second defendant in exercise of his purported lien; (4) an order that the sale of the lands in pursuance of the decree in Civil Suit 153/34 be cancelled; (5) further relief; (6) costs.

[4] The claim is based on s 42(iii) of the Land Code which reads: "If the registrat