JUDGMENTBY: SYED AGIL BARAKBAH SCJ

(delivering the Judgment of the Court): This appeal involved a claim by the appellant (plaintiff in the Court below) against the respondent (defendant in the Court below) over a piece of land held under Q.T. (R) 24 Lot No. 27 Section 14, Bentong, Pahang with house No. 27 thereon registered in the name of the respondent on the grounds that the said property belonged to the appellants husband and should be transferred to his estate on his death. As the widow of the deceased, she sought a declaration that she was entitled to a share in the said property. The respondent is the wife of one David Yong, the son of the deceased and the stepson of the appellant. He was responsible for transferring the said property to his wife instead of including it in the estate of his deceased father. His contention was that he had bought the property from the former registered owner. The respondent filed a counterclaim against the appellant for damages for wrongfully caveating the said property. The learned trial Judge dismissed the appellants claim with costs and also the respondents counterclaim with costs. Both parties appealed. We allowed the appellants appea