JUDGMENT

Elaine Yap Chin Gaik JC:

Introduction

[1] The Plaintiff is the executor of the estate of one M. Arumugam a/l Muthu Pillai ("Deceased") who died on 23 September 2022. The Defendant is the registered proprietor of two (2) parcels of land in Selangor and has been so registered since 23 September 2016 and 3 January 2014 respectively.

[2] The 2 parcels of land (collectively, "Land") have the following particulars of title:

a) a 7/12 share of land held under GM 463, Lot 46146, Batu 9, Jalan Sungai Tua, Mukim Batu, Daerah Gombak, Negeri Selangor ("Land 1"); and

b) all land held under HS(M) 24763, PT No 11179, Bandar Selayang, Daerah Gombak, Negeri Selangor ("Land 2").

[3] On 26 February 2024, the Plaintiff filed this action on behalf of the Deceased's estate to claim as follows (in a condensed summary):

a) a declaration that the Deceased was the beneficial owner of the Lands and holds the same as beneficiary of a constructive and/or resulting trust;

b) a declaration that the Plaintiff shall be entitled to the current market valua of the Lands in proportion to the Deceased's contribution and an order for sale of the Lands;

c) other declarations, orders and injunctions affecting the Lands as