JUDGMENTBY: THOMSON CJ, HILL JA, GOOD JA

THOMSON CJ The appellant in this appeal was at all material times the registered proprietor of two pieces of land in Alor Star comprised in Surat Putus Nos. 61829 and 61830 (known as Lot 7 and 8 on the Government Survey plan) and the respondents, who are partners, were until recently carrying on the business of a coffee shop on the appellants land. The appellant is a married woman and at all material times so far as concerns the present case her affairs would appear to have been in the hands of her husband, although she speaks and understands the English language while he says he does not.

Some time in 1951 the appellant was apparently minded to build two shophouses on her land and on 22nd December, 1951, she entered into an agreement with the respondents which was in writing and which must be described in some detail.

This agreement recited that the appellant, who was called "the borrower", was the registered owner of the land and intended to erect two shophouses upon it in accordance with a building plan which had been approved by the Town Board. It went on:--

"AND WHEREAS the Lenders, at the request of the Borrower, have agreed