JUDGMENT

Zakaria Sam J:

The Claim

(1) Plaintiff took out this suit for the following prayers:

(a) A declaration that the entry in the folio of the Interim Register showing that Osman bin Mohamed as the registered owner of the land contained in Geran Mukim 1168 and known as Lot 7576, Mukim 12, Daerah Barat Daya, Permatang Damar Laut Pulau Pinang (the said land) is null and void.

(b) A declaration that Omar bin Mohamed and Osman bin Mohamed are the registered owners of the said land.

(c) To rectify the Registrar to register Osman bin Mohamed (deceased) and Omar bin Mohamed (deceased) as joint owners with equal shares in the said land and to cancel the entries of Zauyah binti Mohamed and Ahmad Rosli bin Aziz as Administrators pursuant to Presentation No. 204A/98 Vol. 2 Vol. 60 in the Penang Land Office records in respect of the said land.

Agreed Facts

(2) Parties have agreed to the following facts:

i. By an Indenture dated 23 April 1954 Osman bin Mohamed ("Osman") and his elder brother Omar bin Mohamed ("Omar") in consideration of the sum of RM1,700 paid to the vendors acquired all the land known as Lot: 167 (2) Mukim 12, Daerah Barat Daya, Pulau Pinang comprised in Geran No