JUDGMENTBY: SUFFIAN LP, ALI FJ

SUFFIAN LP The applicant (appellant before us) had some lands in the mukim of Sungai Pasir, in Sungai Patani, Kedah, totalling just over 40 relongs in area. By agreement dated August 2, 1973 (exhibit C6), he agreed to sell and Andavan agreed to buy it for $ 369,768. By clause 3 it was provided that the property sold was "to be free from all incumbrances whatsoever". Andavan paid a deposit of $ 36,976.

On August 21, 1973, one Vesudevan entered a private caveat against the lands and on December 19, 1973, he issued a writ in the Alor Star High Court against the applicant (Civil Suit No. 256 of 1973) claiming that the applicant held half the lands as trustee for him and that the applicant had agreed to sell the lands to Andavan without his consent. The applicant successfully applied to have the caveat removed. Vesudevan again caveated the lands. This time the applicant not only successfully applied to have the caveat set aside but also obtained an injunction restraining Vesudevan from again caveating the lands.

On December 20, 1973, Vesudevan obtained an order from the Alor Star High Court that the right in the disputed land was in question and that th

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