27 Oct 2025
Jayandran A/l Subramaniam (Sebagai Wasi Bagi Harta-pesaka Ramaney A/l Ramu (No. Kp: 460514-10-5107), Simati) 1. ) RAJAPRAKASH A/L RAGHAVAN 2. ) POOVARAJA A/L RAGHAVAN 3. ) VINOTHINI A/P RAGHAVAN
- Citation
- B-02(NCvC)(W)-134-01/2024 (Mahkamah Rayuan)
- Court
- NCvC
- Case number
- B-02(NCvC)(W)-134-01/2024 (Mahkamah Rayuan)
The High Court erred by failing to give proper weight to contemporaneous documentary evidence (POAs, Sale and Purchase Agreement, Trust Deeds, Statutory Declarations) which established that Ramaney held a one-half beneficial share and that the Defendants' interest was limited to 1,114 sqm; the Court also placed undue weight on unreliable hearsay oral testimony and misallocated the burden of proof. Accordingly the appeal is allowed and the alternative relief ordering sale of the Defendants' 1,114 sqm interest to the Plaintiff at market value is granted, with consequential powers to effect tran…