JUDGMENT

Mahadev Shankar J:

The legacy which Amos William Dawe and his friends left behind them in Johore is still very much with us and the name of Mosbert will continue to haunt the Courts for sometime to come.

Chatib bin Kari, the plaintiff in this matter (hereafter referred to as `Chatib') was apparently one of those many Malaysians of modest means whose dream it was to become a landowner in his own right.

On 19 April 1967 he entered into a formal agreement (the said agreement) with Amos William Dawe and Lim Meng Ah (the Vendors) to buy some 6,000 square feet of land (hereafter referred to as the `said property'). The said property was a small part of a large parcel of land comprised in the documents of title described as Johore Grant No. 72 and No. 2587 for Lots 83 and 1880 in the district of Johore and the Mukim of Plentong respectively. The land is hereafter referred to as `the said land'. The Vendors were then trading as a firm under the style of Syarikat Mosbert. They represented to Chatib that they would develop on the said land a building estate known as Taman Chendrakaseh (`the said Estate').

The said agreement is quite comprehensive and was prepared by M/s. Allen & Gledhill.

Inter alia it provided that the Vendors would apply for sub-division of the said land so as to provide a new title to Chatib for the said property.

RM450 had already been paid towards the purchase price of RM1,500 for the said property and the balance was to be paid in monthly instalments of RM25.

Clause 5 of the said agreement provided that Chatib was entitled upon execution of the said agreement to enter into possession and enjoy all the profits and other benefits deriving therefrom.

Clause 4 of the said agreement provided that upon payment of the balance of the purchase price the Vendors will execute a proper registrable transfer to the said property if a new document of title had by then been issued. If not the Vendors would execute in favour of Chatib a deed of assignment and an irrevocable power of attorney transfering and assigning to Chatib all the Vendors' rights, title and interest in the said property and also constitute Chatib their true and lawful attorney to deal with the property as if he were the absolute owner thereof pending the issue of a new document of title.

Various other provisions were contained in the said agreement for the construction of a private dwelling house to be erected in accordance with plans approved by the Vendors' architects. (See Clause 10 (i)(iii) of the said agreement.)

Clause 13 of the said agreement provided that the said agreement was to be binding on the successors-in-title and the assigns of the Vendors.

Attached to the said agreement was a plan drawn by a licensed surveyor which clearly showed the location, area and other particulars relating to the said property which was identified in the said agreement as Private Lot No. 86 on the said Estate.

As he was entitled to under Clause 5 of the said agreement Chatib says he entered into possession of the said property and planted some fruit trees thereon intending to build a house thereon after the issue of the qualified title thereto and the transfer of the said property to his name.

After execution of the said agreement Chatib duly proceeded to pay his monthly instalments until 27 March 1971 when the last payment was made by way of final settlement of the purchase price.

From the receipts for these payments it is seen that up to 30 November 1967 Chatib made his periodic payments initially to M/s. Allen & Gledhill and thereafter to Sharikat Mosbert. The receipts prior to this date specifically identify the said property as `Taman Chendrakaseh Lot No. 86.'

So do the receipts produced for 1968. However the name of the recipient had changed to `Mosbert Investment & Development Limited'. This Company continued to issue receipts to Chatib up to 19 October 1969.

Meanwhile, within the Mosbert empire some changes were obviously taking place, the full ramific