26 Jan 2022
1. ) SILVAM A/L SELLAPPAN 2. ) Subramaniam A/l Karuppiah 1. ) Tamilselvam A/l Velusamy 2. ) Darumalinggam A/l Sinniah 3. ) Nedingilian A/l Balakrishnan 4. ) THE VIVEKANANDA ASHRAMA KUALA LUMPUR 5. ) PENDAFTAR HAKMILIK NEGERI SELANGOR
- Citation
- B-01(NCvC)(W)-374-08/2020 (Mahkamah Rayuan)
- Court
- NCvC
- Case number
- B-01(NCvC)(W)-374-08/2020 (Mahkamah Rayuan)
The transfer of the land to the Vivekananda Ashrama was invalid because the trustees (first to third respondents) acted in breach of the Declaration of Trust and effected a transfer by an instrument rendered insufficient by that breach; consequently the transfer was set aside and title restored to the School (subject to proper registration in trustees' names under the NLC); appellants (office‑holders) had locus standi to sue on the School's behalf; the Registrar is protected where it acted in good faith; claim for RM2,000,000 failed as the grant was made to the Ashrama.