Hashim Yeop A Sani J:

From the pleadings the following background facts do not seem to be seriously in dispute.By a trust deed made on 18 May 1973 between the first defendant of the one part and the second and third defendants of the other part the parties declared that the land held under State LeaseNo. 165, Lot 46222 in the Mukim of Ulu Kinta comprising an area of 145,490 square feet were held by them in trust for the sole use and exclusive benefit of the Wan Hwa National Type Primary School (Chinese) otherwise known as the Sekolah Rendah Jenis Kebangsaan (China). On 30 May 1973 they were registered as trustees of the said school land.Sometime before 4 June 1974 the first, second and third defendants purported to transfer the said school land to the fourth, fifth, sixth and seventh defendants and the purported transfer was registered on 4 June 1974.It is also not seriously disputed that the said school is the national type primary school within the meaning of the Education Act 1961 and that besides the government the school also has a number of "supporters" (of whom plaintiff is one) who make donations to the school from time to time.

In dispute are whether the purported t