Abang Iskandar Abang Hashim JCA:

Background Facts Of The Case

[1] Md Hilmi Md Noor and Mohd Ghazali Md Noor ("the plaintiffs") are the administrators of the estate of one Md Noor Mohamed ("the deceased"). They had filed this suit, both in such capacity as well as in their own personal capacity.

[2] The deceased was the registered owner of a property known as Lot 534 held under GM186, Mukim 11, Daerah Barat Daya, Bayan Lepas, Pulau Pinang ("the land"). However, the proprietorship as appearing in the Land Office's records was registered in the name/description of Mohamed Noor Mohamed which spelling was different from Md Noor Mohamed.

[3] The original title deed was in the possession of the plaintiffs, who at all material times, paid the quit rent of the land.

[4] The deceased passed away on 18 June 1990.

[5] On 28 January 2010, after a search was conducted at the Land Office, the plaintiffs discovere