JUDGMENT

Barakbha LP:

I have had the advantage of reading the judgment of my brother MacIntyre FJ with whom I agree that the appeal must be allowed with costs to the appellants here and in the Court below.

MacIntyre FJ:

This is an appeal against the decision of Mr. Chang Min Tat J at the High Court in Penang dismissing a claim by the appellants for a declaration that they, as the personal legal representatives of the estate of one AN Kathiravaloo Assaree, deceased, are the owners in fee simple of two pieces of land situate in the North East District of Penang forming part of a land comprised in Grant No. 168 and known as lots 447(3) and 447(4), Township Subdivision, 9W (hereinafter referred to as the said lands) and for consequential reliefs.

The said AN Kathiravaloo Assaree (hereinafter referred to as the deceased) had mortgaged the said lands in 1929 to one Muthu Karuppan Chettiar to secure the payment of a sum of $1,500 and interest there on. The loan was never repaid. He died intestate on 11 August 1936, leaving surviving a widow, the first appellant herein, and two infant children. Neither the deceased nor the first appellant had ever lived on the said lands. In October 193