Wan Suleiman SCJ:

In Civil Appeal No. 145/84 the respondent who was the plaintiff in the Court below, Wazuraiyah Bte Mohamad (hereinafter referred to as Wazuraiyah) had applied to remove a private caveat imposed on land held under Geran No. 10588 Lot 763 Mukim of Tanjong Chat, Kelantan by one Tengku Mohamed Zairuddeen bin Tengku Md. Zaid (hereinafter referred to as Zairuddeen).

Tengku Zaid Ahmad who died on 11 May 1983 agreed to sell the caveated land to Zaid Holdings Sdn. Bhd. for RM165,000. On 23 March 1983 Tengku Zaid executed a power of attorney appointing as his attorney one Cik Rosnani binti Abdul Hamid empowering her, among other things, to execute the sale of the land on his behalf. The purchase price was paid to Tengku Zaid in full on 28 March 1983. Wazuraiyah was appointed on 29 March 1983 as trustee by Zaid Holdings Sdn. Bhd. to hold the land earlier mentioned, then owned by Tengku Zaid. It was a condition of the sale that Zaid Holdings was to settle all Tengku Zaid's outstanding personal loans with Kumpulan Kesuma Sdn. Bhd. (Kesuma) and Kumpulan Travel Sdn. Bhd. (Travel). Both Kesuma and Travel by their letters dated 30 March 1983 confirmed that full settlement of all outstanding debts of Tengku Zaid with these two firms had been effected. Acting under her power of attorney Cik Rosnani on 7 May 1983 signed transfer form in the appropriate form, transfering the land to Wazuraiyah. The signatures of both Cik Rosnani and Wazuraiyah on the form were attested by a Collector of Land Revenue. After the sale of the land Tengku Zaid, on 1 April 1983, wrote a letter to the Director-General of Income Tax, submitting a notification of disposal of chargeable assets required under the Real Property Gains Tax Act 1976. Then on 11 May 1983 Tengku Zaid died. Because of the caveat lodged by Zairuddeen the transfer of the land to Wazuraiyah could not be completed.

To support his application for lodgment of the caveat Zairuddeen had disclosed in his statutory declaration dated 11 November 1983 that he was a natural son of Tengku Zaid and that he was in the course of filing for letters of administration of his late father's estate, and that the purpose of the caveat was to protect the interest of the beneficiaries.

In his affidavit in reply to Wazuraiyah's affidavit, Zairuddeen also stated that he was a prospective co-administrator of the estate. He also alleged that his deceased father's letter to Zaid Holdings dated 18 March 1983 concerning the sale and purchase of the land bore a forged signature of the deceased. He also alleged that the deceased's signature on the power of attorney dated 28 March 1983 was false since the deceased had on that day gone to Singapore. It was also alleged by him that the sale was void being contrary to the provisions of the Malay Reservations Enactment Kelantan, 1930.

The learned trial Judge examined the documents attached to Wazuraiyah's affidavit, and regarding the allegation of the respondent noted that the power of attorney was executed by the deceased on 28 March 1983 in the presence of Tan Meng Chin, an advocate and solicitor.

As regards to the sale of land, the transaction entered into, he remarked, was supported by the deceased's letter to the Director-General of Income Tax of 1 April 1983, and as regards the full payment of the purchase price to the deceased, a receipt attached to the affidavit and signed by the deceased he regarded as ample proof. Regarding the settlement of deceased's debt to Kesuma and Travel, two letters dated 30 March 1983 issued by the two companies, he said, were sufficient proof.

He therefore found that the sale was complete and the transfer properly executed. The Judge then held that in the face of the evidence of Wazuraiyah, Zairuddeen's allegation of fraud was not substantiated.

As to the allegation by Zairuddeen that the sale was contrary to the provisions of Kelantan Malay Reservations Enactment, the Judge added that there was nothing to prevent him from