JUDGMENT

Abdul Malek Ahmad JCA:

The appellant, who was the plaintiff in the court below, had applied by originating motion dated 5 October 1994 for an order that the charges dated 8 May 1984 executed by his attorney in favour of the defendant, who is the respondent before us, in respect of twenty five lots of land registered as PT 109 (H.S.(D)) K.B. 645/83, PT 110 (H.S.(D)) K.B. 646/83, and from PT 113 (H.S.(D)) K.B. 649/83 to PT 135 (H.S.(D)) K.B. 671/83, all in Section 12, Kota Bharu, Kelantan (hereinafter "the properties") be declared null and void and of no effect and that the memorandum of charge registered under Charge No: Jilid 39, Folio 36, Bil Perserahan No. 109/83 and Charge No: Jilid 39, Folio 37, Bil Perserahan No. 1092/84 with the Director of Land and Mines, Kota Bharu, Kelantan be cancelled.

He had also applied for an order that the Property Sale Agreement and the Property Purchase Agreement executed by the parties dated 6 May 1984 be declared null and void and of no effect and that consequent to both these prayers, the respondent be ordered to return the titles of the properties, free of all encumbrances, to him.

Under the Property Purchase Agreement, the respondent