JUDGMENTBY: KC VOHRAH J

In this case it is pleaded by the plaintiff that his father Ariffin bin Osman purchased from one Bakar bin Awang Ahmad a third of Bakars undivided share, ie 1/3 of 4461/4609th share of the land held under SP 9920, Lot 355, Mukim Bukit Pinang, Kota Setar, Kedah. The defendants are presently registered as owners of the said share. The plaintiff seeks a declaration that the defendants are bare trustees of the said share and for an order that the defendants do execute a transfer of the said share to him as administrator of the estate of Ariffin bin Osman, deceased.

The land was alleged to have been purchased pursuant to a sale and purchase agreement dated, according to the Muslim calendar, 11 June 1374. This date corresponds with the Gregorian calendar date 3 February 1955.

Both Ariffin bin Osman and Bakar bin Awang Ahmad have died. The plaintiff is the son of Ariffin and the administrator of his estate. The fifth defendant, widow, and the other defendants, the children, of Bakar, are beneficiaries of Bakars estate and are the registered owners of the said share in the land.

The purported sale and purchase agreement was tendered in court. The words Kota St