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1981 MarsdenLR 334

HASHIM YEOP A SANI, SALLEH ABAS, WAN SULEIMAN
HASSAN BIN SEMAN – Appellant
Versus
JUSOH BIN AWANG CHIK – Respondent


Salleh Abas FJ:

This is an appeal front tile decision of Datuk Mohamed Zahir J granting a declaration to the respondent/plaintiff to the effect that lie is tile owner of half share in a piece of padi land Lot 576 held under EMR 569 of Mukim Tualang, Bachok and that the other half share belongs to his later brother, Deraman.

The suit of the respondent in respect of which the declaration was given is a claim for superior title based on the register of title to the land which contains a memorial to the effect that the first owner of the land, Awang bin Salleh (herein referred to as "Awang") on 16 January 1929 transferred his whole share in it to a purchaser, named Awang ** (herein referred to as "Awang Kechik. It ** of the respondent is a son of Awang Kechik. It of the respondent that upon the death of ** the land was transmitted to him and his ** Daraman bin Awang. Such transmission was ** in the register of title as Pr. 303/1952 ** 1952 on 31 March 1952 by virtue of a ** distribution order.

The appellants, on the other hand, ** Awang, who was the father of appellant ** Grandfather of appellants Nos. 2 and 3 only ** share in the land to Awang Kechik and ** remaining half-share, upo

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