Lord Griffiths

(delivering the Judgment of the Board): The appellant is a Malaysian of Chinese origin. In October 1979 the appellant entered into an agreement to buy the land and shophouse in which her father had run a goldsmith's business as tenant for some 45 years. The land is known as Lot 715, Jalan To'Hakim in the town of Kota Bharu, State of Kelantan; it is situate outside a Malay Reservation area and it may be transferred between natives of Kelantan without the prior approval of the Ruler in Council. Both the appellant and her vendor are natives of Kelantan.

On October 8, 1979 the appellant and the vendor executed a memorandum of transfer of the land. On March 3, 1980 the appellant's solicitor presented the memorandum of transfer and the issue document of title in respect of the land to the Registry of Titles for registration. On March 16, 1980 the appellant attended an Inquiry before the Deputy Registrar, the purpose of which was to satisfy the Deputy Registrar that both the vendor and the purchaser were natives of Kelantan. It is apparent from the record of that inquiry that it was not concluded that day as the appellant had not brought her birth certificate with her which