JUDGMENT

Ahmad Maarop PCA:

[1] This judgment is prepared pursuant to s 78(1) of the Courts of Judicature Act 1964, as Justice Zaharah Ibrahim then Chief Judge of the High Court of Malaya and Justice Aziah binti Ali FCJ had since retired. My learned sister Justice Alizatul Khair Osman Khairuddin FCJ, had read this judgment in draft and agreed that this judgment be our judgment. My learned sister Justice Rohana Yusuf FCJ, had also read this judgment in draft and agreed that this be our judgment and she had written a supporting judgment.

[2] For convenience, the parties will be referred to as they were in the High Court. This case concerns the appeal by the 2nd and 3rd defendants against the decision of the Court of Appeal which had, on 6 February 2017 dismissed their appeal against the decision of the High Court which allowed the plaintiff's claim against them.

[3] The background facts leading to the present appeal are these. The original proprietor of a piece of land known as hak milik Geran No GM 175, Lot Number 752, Mukim Ijok, Daerah Kuala Selangor, Selangor (the land) was Tan Yew Lim (TYL) who was the 1st defendant's father. TYL passed away on 23 October 1995. TYL and Tan Tuan Kam (TTK) were brothers. The 2nd defendant was the wife of TTK. The 3rd defendant was the son of TTK and the 2nd defendant. TTK had also passed away.