SECURE PLANTATION SDN BHD v 1. ) Pejabat Tanah dan Galian Negeri 2. ) CHEW KEA SEW 3. ) KASAEVAN A/L MANOHARAN
Catchwords
Originating Summons – application to remove Registrar’s caveat registered by the 1st Respondent at the request of the Royal Malaysian Police Force and two private caveats registered by the 2nd and 3rd Respondents arising from an alleged sale and purchase agreements with the registered owner of the land pursuant to Sections 321 and 327 of the National Land Code 1965. Issue: Whether the registrar’s caveat ought to be maintained pending an investigation Whether the 2nd Respondent has a caveatable interest to maintain the private caveat having entered into a sale and purchase agreement with the registered proprietor of the land and having paid the purchase price? Whether the 3rd Respondent has a caveatable interest to maintain the private caveat having entered into a sale and purchase agreement with the registered proprietor of the land and having paid the deposit sum? Whether there are serious issues to be tried? Where the balance of convenience lies? The Court finds that the 2nd Respondent has a caveatable interest having paid the purchase price of the said land pursuant to the sale and purchase agreement. The Court also finds that the 2nd Respondent intends to proceed with the purchase of the said land and the private caveat was entered to assert and protect his interest, which is reflected in the commencement of legal proceedings for specific performance against the registered proprietor of the said land. The Court finds that the 3rd Respondent has no caveatable interest as only the deposit sum has been paid and nothing further was done to assert his rights on the said land. The court orders the private caveat registered by the 3rd Respondent to be removed while the private caveat registered by the 2nd Respondent remains. The Court also orders the registrar’s caveat to be removed.
Judges (1)
Judgment
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Read on eJudgmentSource: eJudgment (pa-24ncvc-576-05-2024)