29 Jan 2026
MURUGAPPAN TAMIL SELVI MOGANA A/P SIVARAMAN PIHAK TERKILAN M. R Alagu Ganeshan A/l Murugappan
- Citation
- BA-22NCvC-344-09/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCvC-344-09/2021 (Mahkamah Tinggi)
On the balance of probabilities the RM1,200,000 was a short-term conditional loan (not a gift) repayable to the Plaintiff once the housing loan was approved or no longer required, based on contemporaneous documents (FD advices and bank entries marked "for loan purposes"), the stepwise structure of deposits, the Defendant's admissions, and an adverse inference under Evidence Act s114 for failure to produce savings account statements; accordingly the Plaintiff's claim succeeded for RM900,000 and the Defendant's counterclaim was dismissed for failing the face-value and reliability limbs of the n…