JUDGMENTBY: SYED AGIL BARAKBAH J

The plaintiff sues the defendant in her capacity as the administratrix of the estate of one Abdullah bin Mohamed (deceased) and also in her personal capacity. The claim involves a piece of land comprised in Surat Putus No. 13380, Portion No. 354 situate in the Mukim of Gelong, District of Kubang Pasu, Kedah, in area of 0 relong 283 jembas 40 square feet (hereinafter referred to as "the said land"). The plaintiffs claim against the first defendant is for specific performance of an agreement in writing between the plaintiff and Mek binti Junus (deceased) dated May 29, 1948, for the sale of the said land by the latter as the administratrix, for damages in lieu or in addition thereto, for further and other reliefs, and costs. Her claim against the second defendant is for a declaration that the second defendant is a trustee to the said land for the plaintiff or, alternatively, a declaration that the said defendant is bound to convey the said land to the plaintiff in accordance with the terms of the said agreement (hereinafter referred to as "the agreement").

The following facts are not disputed:--

The plaintiff is a padi planter residing at 143/4