GANAESH RAU A/L B.A.RAMARAU v 1. ) BHASKAR A/L NADARAJAN 2. ) PERBADANAN KEMAJUAN NEGERI SELANGOR

ba-22ncvc-487-12-2021 High Court (Mahkamah Tinggi) 25 August 2025 • BA-22NCvC-487-12/2021 • 25 min read
16 cases cited (0 SG, 16 foreign)

Catchwords

Plaintiff’s claim premised on fraud-Resettlement scheme for squatters embarked upon by Selangor State Government to develop Bukit Botak- D1 was offered Lot 1593-D1 then entered into a SPA with deceased to sell Lot 1593-deceased fully paid the purchase price- Lot 1593 was subsequently changed to Lot 1396-D1 entered into a SPA with PKNS (representing the Selangor State Government) to purchase Lot 1396 on which a house was to be built-D1 paid a deposit only-when deceased came to know of the SPA entered into by D1 with PKNS, he entered a caveat-Plaintiff as executor of estate of deceased sued for specific performance of the SPA entered with deceased-PKNS also sought for an order against PKNS that the Plot 1396 be sold to the Plaintiff-whether fraud proven on the facts-whether maxim nemo dat quod non habet applicable-D1 had no title/interest/right at material time in Plot 1593 as he was only given an offer- whether contract between deceased and D1 is void as against public policy as deceased was not eligible for the resettlement scheme-section 24 (e) of Contracts Act- whether D1 should be ordered to return the purchase price received from deceased.

Judges (1)

Alice Loke Yee Ching Delivered

Counsel (7)

Bhadarul Baharain & Partners Firm R. S Seelan, Parames & Co. Firm The Law Office of Mohanna & Co. Firm Gobinath Mohanna Counsel Plaintiff Karamjit Singh a/l Harbhajan Singh Counsel Defendant Lingaswaran Singh Counsel Defendant P. Taneswaran Counsel Plaintiff

Parties (3)

Perbadanan Kemajuan Negeri Selangor Defendant Bhaskar a/l Nadarajan Defendant Ganaesh Rau a/l B.a.ramarau Plaintiff

Case Significance

GANAESH RAU A/L B.A.RAMARAU v 1. ) BHASKAR A/L NADARAJAN 2. ) PERBADANAN KEMA... is a High Court (Mahkamah Tinggi) decision dated August 25, 2025 (citation: ba-22ncvc-487-12-2021). The case was decided by Alice Loke Yee Ching.

What was the outcome of GANAESH RAU A/L B.A.RAMARAU v 1. ) BHASKAR A/L NADARAJAN 2. ) PERBADANAN KEMA...?

GANAESH RAU A/L B.A.RAMARAU v 1. ) BHASKAR A/L NADARAJAN 2. ) PERBADANAN KEMA... is a High Court decision dated August 25, 2025. The case was heard by Alice Loke Yee Ching. See the full judgment for details.

Statutes Cited

Contracts Act 1950 (Cap 136)
s 66
Indian Contract Act
s 65
Indian Contracts Act 1872
s 65

Cases Cited (16)

UK (1)
[1949] 1 KB 322
MY (15)
[1969] 2 MLJ 116 [1977] 1 MLJ 91 [1994] 1 MLJ 294 [1994] 2 AMR 1220 [1994] 2 MLJ 408 [2006] 1 MLJ 193 [2008] 2 MLJ 450 [2014] 3 MLJ 301 [2015] 4 MLJ 188 [2015] 5 MLJ 1 [2015] 5 MLJ 639 [2016] 3 MLJ 23 [2017] 4 MLJ 697 [2018] 4 MLJ 307 [2020] 4 MLJ 620

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (ba-22ncvc-487-12-2021)