14 Dec 2022
DHANALETCHMY A/P SUBRAMANIAM 1. ) RAJANDRAN A/L SUBRAMANIAM 2. ) GUNAPAANDIAN A/L PONNUSAMY 3. ) HJ ABDUL WAHAB BIN ABDUL RANI 4. ) JABATAN KETUA PENGARAH TANAH DAN GALIAN (PERSEKUTUAN) NEGERI SELANGOR 5. ) BANK PERTANIAN 6. ) Kaniappan A/l
- Citation
- BA-22NCvC-541-11/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCvC-541-11/2019 (Mahkamah Tinggi)
The court found the distribution orders were fraudulently obtained by the 1st Defendant excluding the Plaintiff, rendering those orders null and void; consequently the 1st Defendant's registered title was defeasible for fraud under s.340(2)(a). The 2nd Defendant failed to prove he was a bona fide purchaser for valuable consideration because the purchase price (RM300,000) was substantially below the market value and he knew of the Plaintiff's possession and failed to make inquiries, so his title is defeasible. The 5th Defendant bank complied with procedures and holds an indefeasible registered…