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2023 MarsdenLR 937

HIGH COURT MALAYA SHAH ALAM
TAN CHIN HOCK @ SUNNY – Appellant
Versus
MAJLIS PERBANDARAN KAJANG & ORS – Respondent


Petitioner Advocates:James Culaz,Nadzrul Niezar ,Respondent Advocate: Anandan P Thatchanamoorthy,Nur Fatin Farzana

Table of Content
1. ownership dispute based on ancestral title. (Para 1 , 3 , 4 , 6 , 8 , 10)
2. negligence in maintaining property records led to wrongful alienation. (Para 15 , 29 , 33)
3. the court's decision invalidating the title deed based on historical claims. (Para 36)
Choo Kah Sing J:

Introduction

[1] The plaintiff's action is premised on the fact that a piece of land which was acquired and belonged to his great grandfather Tan Hoy (hereafter 'the Deceased') was wrongfully re-alienated to the 1st defendant by the 2nd and/or 3rd defendant(s).

[2] The parties have gone through a full trial. On 28 February 2013, the Court allowed the plaintiff's claim in part. The reasons for the decision are set out below.

Salient Facts

[3] The plaintiff averred that his great grandfather, the Deceased, had purchased a piece of land having a title deed known as Selangor Land Grant No. 1181, In the Town of Cheras, Allotment 13 of s 3 (hereafter 'the impugned land') on 27 September 1911.

[4] By an Order of the Court dated 21 October 2021 via Originating Summons No. BA-24NCVC-1054-09/2021, the plaintiff's great grandfather (the Deceased) was declared to have passed away on 15 September 1924.

[5] The plai

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