1. NADARAJAN A/L T. KUPPUSAMY 2. MOHAN A/L T. KUPPUSAMY 1. FOO PANG LUI 2. AMANAH RAYA BHD 3. PENTADBIR TANAH KLUANG/ PEJABAT TANAH KLUANG 4. PENGARAH TANAH DAN GALIAN JOHOR

1. NADARAJAN A/L T. KUPPUSAMY 2. MOHAN A/L T. KUPPUSAMY 1. FOO PANG LUI 2. AMANAH RAYA BHD 3. PENTADBIR TANAH KLUANG/ PEJABAT TANAH KLUANG 4. PENGARAH TANAH DAN GALIAN JOHOR

The two original sale agreements were admissible and proved that Foo and Lee had been paid in full and therefore held the land as bare trustees for Kuppusamy; equitable beneficial ownership vested in Kuppusamy and his executors; as the claim sought recovery of trust property by beneficiaries s22 of the Limitation...

Source-derived case information.

Citation
JA-22NCVC-34-02 TAHUN 2016 (Mahkamah Tinggi)
Parties
Plaintiff (joint Executor): NADARAJAN A/L T. KUPPUSAMY; Plaintiff (joint Executor): MOHAN A/L T. KUPPUSAMY; Defendant (administrator of Estate of Foo Chee Meng): FOO PANG LUI; Defendant (representative of Estate of Lee Leong): Amanah Raya Bhd; Defendant (land Administrator, Land Office Kluang): Pentadbir Tanah Kluang / Pejabat Tanah Kluang; Defendant (director of Lands and Mines, Johor): Pengarah Tanah dan Galian Johor, Negeri Johor
Court
High Court
Jurisdiction
Malaysia
Judgment Date
14 November 2019
Case Number
JA-22NCVC-34-02 TAHUN 2016 (Mahkamah Tinggi)
Procedural Posture
Civil / Trial Judgment (final Decision)
Outcome
Plaintiffs' claim allowed; 1st Defendant's counterclaim dismissed.
Legal Topics
Beneficial Ownership, Constructive/bare Trust, Admissibility of Documents, Specific Performance, Statute of Limitations S22 Exception
Property Law Trusts and Equity Limitation Law Land Registration Beneficial Ownership Constructive/bare Trust Admissibility of Documents Specific Performance +1 more

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Parties

NADARAJAN A/L T. KUPPUSAMY

Plaintiff (joint Executor)

MOHAN A/L T. KUPPUSAMY

Plaintiff (joint Executor)

FOO PANG LUI

Defendant (administrator of Estate of Foo Chee Meng)

Amanah Raya Bhd

Defendant (representative of Estate of Lee Leong)

Pentadbir Tanah Kluang / Pejabat Tanah Kluang

Defendant (land Administrator, Land Office Kluang)

Pengarah Tanah dan Galian Johor, Negeri Johor

Defendant (director of Lands and Mines, Johor)

Procedural Posture

Civil / Trial Judgment (final Decision)

Legal Issues

  1. 1 Whether Foo and Lee were bare trustees for Kuppusamy and beneficial ownership vested in Kuppusamy
  2. 2 Whether the Plaintiffs' claim is statute‑barred by Limitation Act ss9/10
  3. 3 Admissibility and evidential weight of two historical sale agreements

Ratio Decidendi

The two original sale agreements were admissible and proved that Foo and Lee had been paid in full and therefore held the land as bare trustees for Kuppusamy; equitable beneficial ownership vested in Kuppusamy and his executors; as the claim sought recovery of trust property by beneficiaries s22 of the Limitation Act applied and the claim was not time‑barred; accordingly the Plaintiffs' claim was allowed and the 1st Defendant's counterclaim dismissed.

Court Disposition

Plaintiffs' claim allowed; 1st Defendant's counterclaim dismissed.

Orders

  • Declaration that the late T. Kuppusamy A/L Thamdana Kaudan was the beneficial owner of HS(M) 1450 Lot 1443 Mukim Nyior, Daerah Kluang, Johor
  • 1st Defendant's counterclaim dismissed