24 Jun 2025
GOMATHY A/P VIJAYAN 1. ) ELANKOVAN A/L RUKMINIE @ RAMANATHI 2. ) SELVANAYAGI A/P CHILLAYAH
- Citation
- PA-22NCvC-117-06/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- PA-22NCvC-117-06/2021 (Mahkamah Tinggi)
On comparison of documentary evidence (SPA 2016, SPA 2015, passports) and witness testimony, the court found no material differences indicating forgery, the Defendants failed to discharge the burden of proof for forgery, RM200,000 was paid and received as a deposit under SPA 2016, the Plaintiff had a registrable equitable interest justifying the caveat, specific performance was not feasible due to existing prior encumbrance, therefore the Plaintiff's alternative claim for a refund was allowed and the Defendants' counterclaim dismissed.