VELOO A/L MURUGIAH SAROJA A/P MURUGIAH

VELOO A/L MURUGIAH SAROJA A/P MURUGIAH

Plaintiff proved ownership by production of the registered grant creating a prima facie indefeasible title; defendant failed to adduce credible documentary or evidential support for the defenses pleaded and did not show a bona fide triable issue; therefore judgment under Order 14 was properly entered for the...

Source-derived case information.

Citation
KF-A72NCvC-18-05/2024 (Mahkamah Majistret)
Parties
Plaintiff: Veloo a/l Murugiah; Defendant: Saroja a/p Murugiah
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
1 July 2025
Case Number
KF-A72NCvC-18-05/2024 (Mahkamah Majistret)
Procedural Posture
Civil Ejectment/possession (order 14) / Application for Summary Judgment Under Order 14 Kaedah Kaedah Mahkamah 2012
Outcome
Application allowed; judgment entered for plaintiff
Legal Topics
Summary Judgment, Indefeasibility of Title, Ejectment, Order 14 Rules, Possession, Equitable/licensed Occupation
Property Law Civil Procedure Equity Summary Judgment Indefeasibility of Title Ejectment Order 14 Rules Possession +1 more

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Parties

Veloo a/l Murugiah

Plaintiff

Saroja a/p Murugiah

Defendant

Procedural Posture

Civil Ejectment/possession (order 14) / Application for Summary Judgment Under Order 14 Kaedah Kaedah Mahkamah 2012

Legal Issues

  1. 1 Whether plaintiff established a prima facie right to possession by virtue of registered title
  2. 2 Whether defendant raised a bona fide defense requiring a full trial
  3. 3 Whether alleged equitable/licence or absence of notice can defeat registered title

Ratio Decidendi

Plaintiff proved ownership by production of the registered grant creating a prima facie indefeasible title; defendant failed to adduce credible documentary or evidential support for the defenses pleaded and did not show a bona fide triable issue; therefore judgment under Order 14 was properly entered for the plaintiff with costs.

Court Disposition

Application allowed; judgment entered for plaintiff

Orders

  • Defendant to vacate the property (Geran Mukim No. Hakmilik 6460 No. Lot 1115) and deliver vacant possession to plaintiff
  • Defendant restrained from entering and occupying the property