JUDGMENT

Ong Hock Sim FJ (delivering the judgement of the Court):

This is an appeal from the decision of Syed Agil Barakbah J made on 1 June 1976 at the High Court, Alor Star, allowing, with costs, a claim by the respondent (a) that the appellant as Administratrix of the Estate of Mat bin Jusoh (deceased) hold deceased's share in certain lands as trustee thereof for and on behalf of the respondent and (b) that the respondent is entitled to possession of those portions occupied by him since 1 March 1952 pursuant to an agreement of sale between the respondent as purchaser and the deceased as vendor.

An agreement of sale is set out at pp. 51-52 of the Record. The appellant, while disclaiming knowledge of it, contends that as it is admitted that the respondent at the date of the agreement, was incompetent to contract, having been born on 31 March 1937, it is null and void, and no specific performance based thereon can be decreed. The Privy Council in Mohori Bibee v. Dhumodas Ghose 30 IA 114 ruled that "the (Indian Contracts) Act makes it essential that all contracting parties should be competent to contract" and specifically enacts that a person incompetent to contract by reason of in