Transfers of property titles obtained through illegal activities such as unlicensed money lending are invalid, emphasizing the doctrine of indefeasibility of title as conditioned by lawful acquisition.

JUDGMENT

Awang Armadajaya Awang Mahmud JC:

Introduction

[1] This is an application vide Originating Summons seeking for an Order for vacant possession by way of summary judgment pursuant O 89 r 7 Rules of 2012 and s 327 and 329 National Land Code 1965 and the following reliefs:

i. The Plaintiff as the registered owner of the properties that are held under the Title No PN56574 Lot 11359 and the Title No PN56574 Lot 11360, both of Bandar Kluang Sub District, District of Kluang, State of Johore as well as the buildings on the 2 properties with the addresses of No 14 and 14A, Jalan Penghulu Kassim, 86000 Kluang, in the State of Johore for the reason that the Plaintiff has the right to obtain vacant possession of the said properties and the Defendants were occupying the land without license or permission;

ii. The Defendants are to surrender vacant possession of the properties that are held under the Title No PN56574 Lot 11359 and the Title No PN56574 Lot 11360, both of Bandar Kluang Sub District, District of Kluang, State of Johore within seven (7) days from the date of the Court Order;

iii. An Order that the Defendants and/or their agents and/or the representatives are prohibited and/or estopped from staying and/or occupying the properties that are held under the Title No PN56574 Lot 11359 and the Title No PN56574 Lot 11360, both of Bandar Kluang Sub District, District of Kluang, State of Johore for all times;

iv. That the Private Caveat that was registered with the Presentation Number 40938/2019 that was entered by the 1st Defendant on 28 October 2019 on the properties that are held under the Title No PN56574 Lot 11359 and the Title No PN56574 Lot 11360, both of Bandar Kluang Sub District, District of Kluang, State of Johore are to be cancelled and/or removed and/or set aside;

v. That the Private Caveat that was registered with the Presentation Number 5683 / 2018 entered by the 2nd Defendant on 14 February 2018 on the properties that are held under the Title No PN56574 Lot 11359 and the Title No PN56574 Lot 11360, both of Bandar Kluang Sub District, District of Kluang, State of Johore are to be cancelled and/or removed and/or set aside;

vi. An Order that the Registrar of Land Titles of Johor Bahru and/or Land Administrator and/or any relevant authorities are to carry out all the necessary measures ir actions to enforce and/or give effect to this Order to cancel and/or remove and/or set aside the said Private Caveats;

vii. An Order that the 1st Defendant and/or the 2nd Defendant and/or their agents and/or their representatives are estopped from making the application to enter Caveat on the properties that are held under the Title No PN56574 Lot 11359 and the Title No PN56574 Lot 11360, both of Bandar Kluang Sub District, District of Kluang, State of Johore;

viii. The Plaintiff is granted the liberty to apply for any consequential Orders that are deemed necessary for the execution of the reliefs or order granted by the Court;

ix. The Defendants are to pay General Damages as a result of the Act(s) of Trespass and/or occupying the property without permission and/or consent of the Plaintiff as the registered owner;

x. The Defendants are to pay aggravated damages and exemplary damages as a result of the continuing trespass;

xi. An Order that the 1st Defendant and 2nd Defendant are to pay damages for the Caveat which was entered wrongfully;

xii. Defendants are to pay interests at the rate of 5% per annum on the damages calculated from the date of judgment until the full and final settlement;

xiii. Cost of this action is to be paid by the Defendants to the Plaintiff;

xiv. Other reliefs or orders that the Court deems fit and just.

[2] The Cause Papers are as follows:

i. Originating Summons (enclosure)

ii. Affidavit-in-support (enclosure)

iii. Affidavit-in-opposition (enclosure)

iv. Affidavit-in-reply (enclosure)

Background Facts

[3] The Plaintiff is the registered owner as well as the beneficial owner of the properties that are held under the Titles No PN56574