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HIGH COURT MALAYA SHAH ALAM
PERBADANAN PENGURUSAN APARTMENT SEA PARK & ORS – Appellant
Versus
SEA HOUSING CORPORATION SDN BHD & ORS – Respondent
| Table of Content |
|---|
| 1. claims concerning legality of land transfers. (Para 1 , 2 , 3) |
| 2. illegal transfer and common property contention. (Para 11 , 13 , 15) |
| 3. interpretation and application of strata title provisions. (Para 26 , 27 , 28 , 29) |
| 4. documents stipulate property ownership and responsibilities. (Para 30 , 31 , 32) |
| 5. indefeasibility of title as established by law. (Para 40 , 41) |
| 6. court's findings on indefeasibility and legal title. (Para 42) |
[1] The Plaintiffs as per their Statement of Claim are claiming for the followings:-
[a] A declaration that the sale and/or transfer of the Carpark Lands and/or the said Unit from the 1st Defendant to the 2nd Defendant is void and/or against public policy;
[b] A declaration that the 2nd Defendants' titles of the Carpark Lands and/or the said Unit do not stand indefeasible pursuant to s 340 of the National Land Code and/or public policy;
[c] An order that the undivided shares of the 2nd Defendant over the Carpark Lands and/or the said Unit be cancelled from the register of land office, and the said undivided shares over the said lands and/or the said Unit be restored to the 1st Defendant;
[d] that within 14 days of this judgment, the 1st and/or
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