17 Sept 2020
SUBRAMANIAM A/L MUNIANDY (I/C NO: 660903-08-5249) 1. LETCHUMI A/P THASAN (I/C NO: 500907-10-5224 / 8034625) 2. PATHMA A/P MUNIANDY (I/C NO: 770216-10-5866) 3. SOORIAMOORTHY A/L NADARAJAH (No. Pendaftaran Pesuruhjaya Sumpah: B363)
- Citation
- B-02(NCVC)(W)-1446-08/2019 (Mahkamah Rayuan)
- Court
- NCVC
- Case number
- B-02(NCVC)(W)-1446-08/2019 (Mahkamah Rayuan)
On the balance of probabilities the Court found the Appellant did not execute the PA and his signature on the PA was forged; the PA was therefore invalid and attestation by the Third Respondent was false; transfers founded on the forged PA and attendant fraud destroyed indefeasibility under s.340 NLC and the Second Respondent failed to prove she was a bona fide purchaser for value in good faith with adequate documentary proof; accordingly title reverts to the Appellant and the appeal is allowed with costs.