Parimala Devi A/p Thangamoney Theyagarajan A/l Muniandy

Parimala Devi A/p Thangamoney Theyagarajan A/l Muniandy

The SPA dated 3.7.2017 is a valid and enforceable contract of sale; Defendant, having signed the written SPA, failed to prove that it was a sham to conceal an unlicensed loan and failed to call material witnesses or produce supporting documentary evidence; Plaintiff fulfilled her obligations and is entitled to specific performance; Defendant's counterclaim is dismissed.

Citation
PA-22NCvC-33-02/2020 (Mahkamah Tinggi)
Parties
Plaintiff: Parimila Devi A/P Thangamoney; Defendan: Theyagaran A/L Muniandy
Court
High Court
Jurisdiction
Malaysia
Judgment Date
23 April 2025
Case Number
PA-22NCvC-33-02/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Suit Specific Performance / Judgment
Outcome
Plaintiff's claim for specific performance allowed; Defendant's counterclaim dismissed.
Legal Topics
Specific Performance, Sale of Land, Sham Transaction/illegal Loan Allegation, Effect of Signed Written Contract, Burden of Proof, Variation by Oral Evidence
Source Language
Malay/English
Contract Law Property Law Evidence Law Civil Procedure Specific Performance Sale of Land Sham Transaction/illegal Loan Allegation Effect of Signed Written Contract +2 more

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Parties

Parimila Devi A/P Thangamoney

Plaintiff

Theyagaran A/L Muniandy

Defendan

Procedural Posture

Civil Suit Specific Performance / Judgment

Legal Issues

  1. 1 Whether the Sale and Purchase Agreement (SPA) dated 3.7.2017 constituted a valid and enforceable contract of sale of land or was a sham to conceal an unlicensed loan transaction
  2. 2 Whether Plaintiff was entitled to an order for specific performance
  3. 3 Whether Defendant proved that the SPA was illegal as an unlicensed moneylending transaction

Ratio Decidendi

The SPA dated 3.7.2017 is a valid and enforceable contract of sale; Defendant, having signed the written SPA, failed to prove that it was a sham to conceal an unlicensed loan and failed to call material witnesses or produce supporting documentary evidence; Plaintiff fulfilled her obligations and is entitled to specific performance; Defendant's counterclaim is dismissed.

Court Disposition

Plaintiff's claim for specific performance allowed; Defendant's counterclaim dismissed.

Orders

  • Order for specific performance directing Defendant to transfer title of the property (Geran Mukim 4074, Lot 22, Seksyen 37, Mukim Bandar Kulim, Kedah) to Plaintiff
  • Order directing the Director of Lands and Mines, Penang Land Registry and/or relevant authorities to take necessary steps to give effect to this order