JUDGMENT

Abdul Malik Ishak JCA:

The Undisputed Facts

[1] The appellant (Perwira Affin Bank Berhad) granted an overdraft facility of RM130,000 to the second respondent (Mohd Nor Rahmat) on the strength of a letter of offer dated 25 August 1984 between the appellant and the second respondent. It was this overdraft facility that led to the filing of these proceedings in the High Courts at Kuala Lumpur and Shah Alam which culminated in this appeal before us.

[2] Now, the first respondent (Selangor Properties Sdn Bhd) was the registered proprietor of a piece of land known and identified as HS(D) No: 14830, Lot No: 3859, P.T. 1712, Mukim Ulu Klang (hereinafter referred to as "the land"). In 1985, the first respondent transferred the land to the second respondent and the third respondent (Azizam bte Hashim). Legally speaking, the transfer of the land to both the second and the third respondents made them to be the beneficial owners of the land.

[3] Acting in abundance of caution and for the purpose of securing the overdraft facility, both the second and the third respondents then proceeded to deposit the original title deeds of the land with the appellant so that the appellant could