A. Introduction

[1] The two Appeals before us concern a claim by two co-beneficiaries ("the Plaintiffs") against another co-beneficiary ("the 1st Defendant of a property left by their deceased father ("the deceased's estate"). The Plaintiffs alleged that the 1st Defendant had unlawfully transferred their collective 2/5th shares (each of the Plaintiffs own 1/5th share) of the deceased's estate's property to her name. It was also alleged that subsequent to the transfer, the 1st Defendant had wrongfully charged the Plaintiffs' shares on the property together with their 1/5th share each on the property to secure a personal loan of RM220,000.00 from the bank ("the 3rd Defendant Bank").

[2] The 2nd Defendant in this action is the Registrar of Titles, Lands and Surveys Department. They were sued as a nominal Defendant for purposes of execution of any consequential orders made by the Court if at the end of the case the Plaintiffs were to succeed in their claim. At the High Court, the learned State Counsel who appeared for the 2nd Defendant had placed on record that they would not be taking part in the trial of the action and would abide by the decision handed down by the Cour