JUDGMENT

Mohamed Apandi Ali JCA:

Introduction

(1) This is a dispute regarding ownership of a piece of land held under HS(M)11380 MLO 1026 in the Mukim of Sedenak, Kampung Ayer Manis, Daerah Johore Bahru, Johore (hereinafter "the land"). It is registered under the names of the appellants (hereinafter "the 3rd and 4th defendants"). The respondent (hereinafter "the plaintiff") was the original registered proprietor had sued the 3rd and 4th defendants, together with two other defendants (hereinafter "the 1st and 2nd defendants") for a declaration that she is still the registered proprietor and pray, for among other things, that the 3rd and 4th defendants return the original title deed to her and that for an order that the sale and transfer of the land was executed in a fraudulent manner and was not effective in law, rendering it null and void.

(2) After a full trial, the plaintiffs claim was allowed. The 3rd and 4th defendants now appeals to us.

Facts Of The Case

(3) Briefly, the facts are as follows. The plaintiff is the original registered proprietor of the land. The 2nd defendant is the chargee of the land and a holder of a power of attorney granted by the plaintiff to the 2n