Jamhirah Ali J:

Introduction

[1] Enclosure 1 is the Plaintiff's application made pursuant to ss 327, 329, and 417 of the National Land Code 1965 (NLC 1965) seeking an order to remove the private caveat lodged by the Defendant, Paul Monash a/l Narayanasamy, on 3 April 2024 over the property held under Geran 339999, Lot 126483, Mukim Dengkil, Daerah Sepang, Negeri Selangor (the Property).

[2] The Plaintiff's application was premised on the assertion that the Defendant has no caveatable interest in the Property, and that the continued presence of the caveat causes serious prejudice to the Plaintiff, who has fully performed her obligations under a valid sale and purchase transaction.

[3] Prior to the decision of this application, the Court had, via encl 6, dismissed the application by one Kavitah a/p Vathumalai to intervene in this proceeding in respect of the private caveat lodged by her on 10 July 2023.

Facts Of The Case

[4] The Property in question is held under Geran 339999, Lot 126483, Mukim Dengkil, Daerah Sepang, Negeri Selangor. On 11 April 2023, the Plaintiff, Vimala a/p Maruthamuthoo, entered into a Sale and Purchase Agreement (SPA) with the registered owners of the Prope