JUDGMENTBY: SYED AGIL BARAKBAH J

The plaintiff sues the defendant in her capacity as the administratrix of the estate of one Abdullah bin Mohamed (deceased) and also in her personal capacity. The claim involves a piece of land comprised in Surat Putus No. 13380, Portion No. 354 situate in the Mukim of Gelong, District of Kubang Pasu, Kedah, in area of 0 relong 283 jembas 40 square feet (hereinafter referred to as "the said land"). The plaintiffs claim against the first defendant is for specific performance of an agreement in writing between the plaintiff and Mek binti Junus (deceased) dated May 29, 1948, for the sale of the said land by the latter as the administratrix, for damages in lieu or in addition thereto, for further and other reliefs, and costs. Her claim against the second defendant is for a declaration that the second defendant is a trustee to the said land for the plaintiff or, alternatively, a declaration that the said defendant is bound to convey the said land to the plaintiff in accordance with the terms of the said agreement (hereinafter referred to as "the agreement").

The following facts are not disputed:--

The plaintiff is a padi planter residing at 143/4 milestone Jalan Perlis, Kampong Pulau Nyior, Mukim Gelong, Kubang Pasu, Kedah. The defendant is a duly constituted administratrix of the estate of Abdullah bin Mohamed (hereinafter referred to as "the said deceased") and is a padi planter residing in the same kampong. The said land was originally registered in the name of the paid deceased. After his death sometime in 1926 his widow, Mek binti Junus, obtained letters of administration to the estate on January 27, 1927, and extracted the grant of letters of administration on April 26, 1928, issued by the Magistrates Court, Jitra, Kubang Pasu, under section 19 of the Administration of Estates Enactment No. 1 (Kedah), (hereinafter called "the Enactment"). The grant of letters of administration was duly registered in the grant title in the Hijrah year 1346. (See pages 7 and 8 of Agreed Bundle of Documents, Ex. P1). The deceased had no male issue and was survived by Mek binti Junus, his widow, and his daughter Chik, the defendant. According to Shariah law of distribution the defendant was entitled to 7/16th share, her mother Mek to 2/16th share and the remaining 7/16th share went to Baitulmal. Upon the death of her mother on November 8, 1953, the defendant applied to the court, obtained grant of letters of administration de bonis non and extracted it on July 18, 1964, (see page 10 of Agreed Bundle, Ex. P1) without any objection by the plaintiff. A certificate of apportionment made by the Kadzi Daerah, Jitra, stated to the effect that the defendant is entitled to 9/16th share of the estate and the Baitulmal to 7/16th share. On June 29, 1964, an order of distribution was obtained by her from the High Court, Alor Star, to transmit the portion of her share as well as the Baitulmal share to herself on the payment of $ 22 to the Government on the latter share. The defendant made the necessary payment into court on July 11, 1964, thus becoming entitled to the whole property. Thereafter the defendant requested the plaintiff to hand over the title deed of the said land to her. When the plaintiff refused to do so the defendant served notices in writing on her, (see page 28 of Ex. P1) but the plaintiff refused to surrender the title deed. No further action was taken by the defendant.

The plaintiff, on the other hand, lodged a caveat against the said land on January 5, 1964, and in spite of notice on the part of the defendant to have it withdrawn, succeeded in obtaining its extension which subsisted until the completion of the proceedings.

The following facts have been proved on the balance of probabilities in favour of the plaintiff:--

(1) She has been in possession of the said land and enjoying the benefits

thereof without any interruption from the defendant since the death of her

husband Salim, prior to the executi

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