Siti Norma Yaakob J:

In these proceedings, the plaintiffs, a mother and son, seek principally to impeach the 2nd and 3rd defendants' title to a piece of property held under Grant No.10748 MLO 6445 in the Mukim of Plentong, District of Johor Bahru in the State of Johor (the property), and other consequential reliefs. To appreciate the true nature of the plaintiffs' claims, I need to go back to 1984 and trace the events affecting the parties to these proceedings.

On 7 January 1984, the plaintiffs entered into a sale and purchase agreement (the first agreement) with the 1st defendant, a housing developer, to purchase a piece of property, together with a 4 storey shophouse to be constructed on the property, at the agreed price of RM300,000. The purchase price was to be paid by the plaintiffs in instalments in the manner prescribed in the third schedule of the first agreement.

The plaintiffs paid RM160,000 to the 1st defendant and the balance of the purchase price was to be settled by a bank loan to be obtained by the plaintiffs from Bank Bumiputra Malaysia Berhad (BBMB), Kota Tinggi, Johor.

Approval for a fixed loan facility of RM140,000 was only notified by BBMB to the plai