Syed Ahmad Helmi JC:

This case concerns a dispute over the proprietary rights over a portion of land purchased by the plaintiffs from the father of the defendants which the defendants refused to transfer and effect registration into the names of the plaintiffs as co-owners of the land in question.

The plaintiffs' claim as appears by the statement of claim is based on a deed of sale & irrevocable power of attorney dated 7 October 1978 (hereinafter called the "deed of sale") whereby the plaintiffs purchased an area of approximately 21,000 square feet (hereinafter called "the portion") of the land measuring an area of 1 acre 3 roods 30 poles held under GM 482 (previously known as EMR 381) Lot 261, Mukim Plentong Daerah Johor Bahru (hereinafter called "the land") from one Abdul Kadir Ahmad since deceased (hereinafter called the deceased) and who was the father of all three defendants herein. Pursuant to the deed of sale the plaintiffs duly paid the consideration of RM42,000 being the full purchase price and entered into possession of the portion.

The deceased passed way on 17 November 1978 and the three defendants herein as beneficiaries applied for and was granted a distribut