(delivering the Judgment of the Court): The respondent, Manang Selaman anak Nyalau alias Lim Kim Tui is registered as the proprietor of that parcel of land situate at Bintawa, Kuching, Sarawak containing an area of 5.84 acres, more or less and comprised in Kuching Lease of State Land No. 5352 of 1952 (hereinafter referred to as the said land). On February 4, 1974 the respondent executed two documents, viz. (a) Agreement and (b) Declaration of Trust. In the latter document, the respondent declares that he is holding the said land together with another piece of land situate at Mugok Ayer Trejun, Kuching, Sarawak containing an area of 1.34 acres, more or less and described as Lot 4412 Muara Tebas Land District (for which we are not concerned) in trust for the appellant, Manang Lim Native Sdn. Bhd. A caveat was lodged by the appellant on December 12, 1974 in respect of the said land and this caveat was duly registered at the Kuching Land Registry office as Instrument No. L8916/1974 (hereinafter called the said caveat). On December 2, 1982 the respondent took out a Originating Motion in the High Court at Kuching pursuant to section 177(1) of the Sarawak Land Code (Cap. 81) for