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2025 MarsdenLR 1494

HIGH COURT MALAYA SHAH ALAM
ONG PAH KIAN @ KOH POH KIAN & ANOR – Appellant
Versus
KOKELAVANEI KUNJOO & ANOR – Respondent


Petitioner Advocates:R Thayalan ,Respondent Advocate: Satvinder Kaur

JUDGMENT

Alice Loke Yee Ching J:

Introduction

[1] The Plaintiffs' case arises from an agreement entered into with the 1st Defendant to buy her house. Having fully paid for the property, the 1st Defendant failed to deliver vacant possession. They seek for a declaration to the effect that the various documents executed by the 1st Defendant giving effect to the sale of her house to them is valid and for an order that she delivers vacant possession to them.

[2] The 1st Defendant in turn, claims that she never intended to sell her property. She only wanted a loan, and had executed documents pertaining a loan. She was shocked to later discover she had executed documents relating to a sale and purchase agreement. She claims she was deceived into doing so.

Salient Facts

[3] The facts in so far as they are reflected in the documentary evidence adduced at the trial, are as follows.

[4] On 8 September 2015, the Plaintiffs and the 1st Defendant ("D1") executed a Sale and Purchase Agreement ("SPA") to sell the latter's property held under title HS(M) 8846, PT No 42, Mukim Petaling, Daerah Petaling, Selangor Darul Ehsan ("said property") for a sum of RM 150,000.00. The said property was a double storey

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