Hashim Yeop Sani J:

[1] The first appellant (M Ratnavale nee Annalakshmi d/o Vattivelu) and the respondent had known each other since 1956. On 13 March 1967 the first appellant became the registered proprietor of land known as Lot 9987 held under Grant No 15434 in the Mukim of Batu, Lorong Kenny Bahagia in Kuala Lumpur (" the land "). On 2 November 1967 the first appellant created a charge over the land in favour of one K Sinnathamby, since deceased. The second appellant (Dr M Mahadevan s/o Mahalingam) was the brother-in-law of the first appellant. The first appellant's husband passed away on 9 April 1973. The second appellant became one of the executors of the estate of the first appellant's husband some time in September 1973.

[2] The respondent, as plaintiff in the Court below, alleged conspiracy to defraud against both the first and second appellants. Paragraph 13 of the reamended statement of claim sets out the particulars of the alleged fraud:

13(a) Knowing that there was a written agreement for sale of the said land to the plaintiff and knowing that the issue document of title had been delivered to and was in the possession of the plaintiff's solicitors for the purpose