JUDGMENT

Gopal Sri Ram JCA:

[1] This is the Judgment of the Court.

[2] There are two appeals before us. The first is Civil Appeal No. M-02-153-2005; the second is Civil Appeal No. M-02-154-2005. Both appeals arise from the same civil suit that was tried by the High Court in Melaka. The judgment to the High Court is reported in [2005] 5 CLJ 289. The first appeal is by the plaintiff in the court below. The second appeal is by Madam Chun, the second third party in the court below. We heard arguments in these appeals on 28 and 29 April 2008 and adjourned them for delivery of judgment to today.

[3] The brief facts relevant to these appeals are as follows. On 10 June 1993, a company called Airport Auto Centre Sdn Bhd ("Airport Auto"), the first third party in the court below, as beneficial owner, entered into an agreement with the defendant in the court below (respondent before us) to sell an undivided share in a piece of land held under Lot 208 ("the subject property"). The purchase price was RM200,000. Later, on 9 December 1994, Madam Chun caused the subject property to be transferred to the plaintiff. Later still, the plaintiff brought an action against the defendant to recover vacant