Raja Azlan Shah J:

This is an application for an order to sell the lands held under ENR 877 lot No. 817 and ENR 1479 lot No. 1535 both in the Mukim of Penjom, in the District of Lipis, state of Pahang, by public auction and other incidental reliefs.

The facts in their chronological events are not disputed. In October 1964 How Han Teh deposited the documents of title over the said land with the applicants for the purpose of securing a loan. He failed to repay the loan and on 28 April 1966 judgment for the sum of $217,085.71 was entered against him. On 19 May 1966 a bankruptcy notice was issued against him and that was served on him on 9 June 1966. On 17 June 1966 he failed to pay up the monies and thus committed an act of bankruptcy. On 2 August 1966 the applicants registered caveats against the titles deposited with them as security under the provisions of s. 330 of the National Land Code. A petition was subsequently filed against him on 5 October 1966 and receiving and adjudication orders were made against him on 19 November 1966. The said How Han Teh died in April 1967, intestate. Since the date of judgment the applicants have received a sum of $30,683.63 to account. Th