HAMDIAH AHMAD & ANOR v. PEMBANGUNAN TANAH DAN PERUMAHAN SENDIRIAN BERHAD

[2020] 1 MLRH 701

HAMDIAH AHMAD & ANOR v. PEMBANGUNAN TANAH DAN PERUMAHAN SENDIRIAN BERHAD
High Court Malaya, Johor Bahru
Evrol Mariette Peters JC
[Civil Suit No: JA-22NCVC-213-10-2018]
23 December 2019

JUDGMENT

Evrol Mariette Peters JC:

The Claim

[1] This is the plaintiffs' claim for, inter alia, the following:

a) A declaration that the defendant is a trustee for the plaintiffs, of the land held under GRN 315938 Lot 29445 Mukim Plentong, Daerah Johor Bahru, Johor ("Lot 747").

b) An Order that the defendant execute within seven days of this Order, the relevant instruments to effect transfer of Lot 747 to the plaintiffs.

c) An Order that in the event of the failure of the defendant to execute the relevant transfer instruments within seven days of the Order, the Pengarah Tanah dan Galian Negeri Johor or its relevant officer to effect transfer of Lot 747 to the plaintiffs.

[2] The defendant counterclaimed, inter alia, for vacant possession of Lot 747; the caveat entered by the plaintiffs to be set aside; damages arising from the loss of use of Lot 747; and an injunction to prevent the plaintiffs from entering any further caveat pursuant to Lot 747.

[3] I allowed the plaintiffs' claim and dismissed the defendant's counterclaim for the following reasons:

The Brief Facts

[4] The plaintiffs are individuals who are beneficiaries and joint administratrices of the estate of one Siti Fatimah binti Haji Salman ("the Deceased") who passed away on 7 December 1975.

[5] On 6 January 1968, the Deceased purportedly entered into an agreement ("the 1968 Agreement") with the vendors, Syed Jaffar bin Alwee, Syed Yahya bin Junid, Tengku Othman bin Abdullah and Syed Husain bin Junid (acting through one Syed Ali Mohamed Al-Attas ("Syed Ali") vide a power of attorney dated 26 July 1967) for the purchase of Lot 747, at the purchase price of MYR2,274. The 1968 Agreement is exhibited at pp 137-140 of Part C of the Common Bundle of Documents ("CBD")).

[6] It is pertinent to note the role of Syed Ali in this transaction, who the plaintiffs claim represented the defendant, a development company.

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