GROUNDS OF DECISION

The subject matter in dispute involves a piece of land held under Mukim Grant No. GM 860, Lot 2685, Mukim Batu Buruk, in the District of Kuala Terengganu, in the State of Terengganu (hereinafter referred to as "the subject land"). The subject land is registered under the name of the first Defendant. The first Defendant obtained a housing loan from third Defendant. However, it is not known when exactly this loan was taken. As security for the said loan the first Defendant charged the subject land to the third Defendant. Though this is so, the first Defendant purportedly entered into a sale and purchase agreement intending to dispose off the subject land to the Plaintiff. A copy of the said agreement is exhibited as "IY-1" to the affidavit of the Plaintiff in support of his originating summons against the first to the third Defendants in this proceeding. It is not stated in exhibit "IY-1", however, as to when the said sale and purchase agreement was executed though in the affidavit in support of the Plaintiff it is [3] stated that the sale and purchase agreement was executed on or about 22nd December 1992. Looking at the said exhibit "IY-1", the said agreement als