JUDGMENT

Ong CJ (Malaya):

Mohamed Sharjudin was and still is the registered proprietor of an undivided 2/6 share in the land held under GrantNo. 11746 in Ulu Kinta. On 8 November 1968 he sold all that interest to Subramaniam and executed a transfer thereof in statutory form. Subramaniam was, however, unable to present the instrument of transfer for registration by reason of the vendor's failure to deliver up the issue document of title. He therefore took the precaution of entering a private caveat on the register to protect his interest. This caveat was registered on 13 November 1968.

It appears from a perusal of the appeal record that Mohamed Sharjudin subsequently executed a second transfer of the same 2/6 share to ARSP.

Karuppiah Chettiar on 3 March 1969. The Chettiar then discovered the existence of Subramaniam's private caveat, presumably upon presenting his transfer for registration. On 5 March 1969 the Chettiar's solicitors wrote to Subramaniam demanding that his caveat be withdrawn. The demand was rejected. On 14 April 1969 the Chettiar obtained judgment against Mohamed Sharjudin for nonpayment of a debt. Whether the judgment was for the amount of the consideration involv