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