JUDGMENT

Azmi LP (read by Raja Azlan Shah FJ):

This action arose out of the registration of transfer of certain lands of which the plaintiff was the previous proprietor. The plaintiff alleged that the said lands were fraudulently transferred to the first defendant as the trustee for Jagvinder Kaur (f) an infant and gave the following particulars of fraud:

(a) On 15 January 1969 second defendant obtained the Memorandum of Transfer and other Document executed on 17 July 1968, and which should have been cancelled, from Messrs. KL Devaser & Co, without the plaintiff's knowledge or consent.

(b)On 29 January 1969, the second defendant falsely and in furtherance of the fraud, made a false declaration that the Issue Documents of Title to the said lands were lost.

(c)The second defendant falsely stated that he had come to the knowledge that the Issue Documents of Title to the said lands were lost and that he had made an extensive search but to no avail.

(d)The second defendant further stated that he had not deposited the Issue Documents of Title with any person. The Issue Documents of Title were with the plaintiff. The first defendant and the second defendant were aware of this.

(e)The