SAVANDARAJAN A/L SUBRAMONIAN 1. ) Pentadbir Tanah Daerah Klang 2. ) GOH SWEE WAN

SAVANDARAJAN A/L SUBRAMONIAN 1. ) Pentadbir Tanah Daerah Klang 2. ) GOH SWEE WAN

Material and multiple discrepancies in the plaintiff's documentary evidence (inconsistent name spellings, differing grant numbers, unproven lot areas), absence of the plaintiff's interest in the Trust Deed schedule, lack of proof of payment and the official search showing registration in the defendant trustee meant...

Source-derived case information.

Citation
BA-24NCvC-829-04/2024 (Mahkamah Tinggi)
Parties
Plaintiff: Savandarajan a/l Subramonian; Defendant First: Pentadbir Tanah Daerah Klang; Defendant Second: Goh Swee Wan
Court
High Court
Jurisdiction
Malaysia
Judgment Date
23 April 2025
Case Number
BA-24NCvC-829-04/2024 (Mahkamah Tinggi)
Procedural Posture
Land Acquisition Dispute Under Section 29(2) Land Acquisition Act 1960 (originating Summons for Release of Deposited Compensation) / High Court Decision on Originating Summons (lampiran 1) Dismissed on 6 June 2025; Appeal Filed to Court of Appeal (lampiran 45 on 8 May 2025)
Outcome
Originating summons (Lampiran 1) dismissed.
Legal Topics
Compensation Release, Beneficial Ownership, Proof of Title, Sale and Purchase Agreements, Deed of Assignment, Official Search and Registration
Land Law Eminent Domain/compulsory Acquisition Trusts and Trustees Evidence Law Civil Procedure Compensation Release Beneficial Ownership Proof of Title +3 more

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Parties

Savandarajan a/l Subramonian

Plaintiff

Pentadbir Tanah Daerah Klang

Defendant First

Goh Swee Wan

Defendant Second

Procedural Posture

Land Acquisition Dispute Under Section 29(2) Land Acquisition Act 1960 (originating Summons for Release of Deposited Compensation) / High Court Decision on Originating Summons (lampiran 1) Dismissed on 6 June 2025; Appeal Filed to Court of Appeal (lampiran 45 on 8 May 2025)

  1. 1 Whether the plaintiff proved on the balance of probabilities that he was the legal and beneficial owner of four sub-lots taken and therefore entitled to 75% of the deposited compensation.
  2. 2 Whether the affidavits and documentary evidence (Sale and Purchase Agreements, Deed of Assignment) were sufficiently credible and consistent to displace the registered title shown in the official search.
  3. 3 Whether discrepancies in names, grant numbers and lot areas and absence of payment proofs justified rejecting the plaintiff's claim.

Ratio Decidendi

Material and multiple discrepancies in the plaintiff's documentary evidence (inconsistent name spellings, differing grant numbers, unproven lot areas), absence of the plaintiff's interest in the Trust Deed schedule, lack of proof of payment and the official search showing registration in the defendant trustee meant the plaintiff failed to prove on the balance of probabilities that he was legal and beneficial owner of the four sub-lots; therefore the originating summons was dismissed with costs.

Court Disposition

Originating summons (Lampiran 1) dismissed.

Orders

  • Lampiran 1 dismissed with costs
  • Plaintiff to pay costs of RM1,000 to Defendant First (Pentadbir Tanah Daerah Klang)