JUDGMENT

CHANG MIN TAT J:

This action commenced by writ was by an order made on an application under s. 447 of the National Land Code 1965 tried by motion in the writ. It concerned a piece of land and hereditament known as Lot 140 situate in Mukim A in the South-West District of Penang.

The history of the land can be briefly stated as follows:

By a deed of conveyance date 29 October 1906, one Eusoof bin Ismail acquired the fee simple of the land in question subject to a mortgage. The mortgage which was made in November 1905 would appear to be outstanding but would be time barred and nothing turns on it. Next by a deed of conveyance made on 10 March 1939 the said Eusoof bin Ismail conveyed the land to himself for life "as trustee' and thereafter to Aishah binte Haji Yusoff. Then, by a deed of gift made on 16 July 1963, in consideration of the natural love and affection which she had of her daughter, Che Dah binte Haji Sulaiman and in further consideration of the sum of $1 paid her by the said Che Dah, Aishah binte Haji Yusoff as beneficial owner, granted and conveyed, inter alia, the land to hold the same unto Che Dah binte Haji Sulaiman, the first applicant herein, in fee simple