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2018 MarsdenLR 1984

HIGH COURT MALAYA GEORGETOWN
DAYANG KHATIJAH JAHAN & ORS – Appellant
Versus
PENTADBIR TANAH DAERAH SEBERANG PERAI UTARA PULAU PINANG – Respondent


Petitioner Advocates:Azhar Ahmad ,Respondent Advocate: Azlena Hashim

[1]This is an appeal to remove the Registrar's caveat under s 418 of the National Land Code .

[2]The plaintiffs are individuals and the registered co-proprietors of the land described as GM 3820 at Lot 4100 Mukim 03 Daerah Seberang Perai Utara Pulau Pinang ("Land").

[3]The defendant is the District Land Administrator appointed pursuant to s 12(1) of the National Land Code (" NLC ").

Brief Facts

[4]The original proprietor of the Land is Mariam Yahaya who died on 17 January 2014.

[5]The 1st, 2nd, 3rd, 6th and 9th plaintiffs are the registered co-proprietors as the result of the presentations of transfer of ownership of parts of the Land from Mariam Yahaya on 15 April 2014. There were also three other presentations of transfer of parts of the Land by Mariam Yahaya to Hartini Abdul Rahim, Mohd Subuki Fadzil and Ahmad Rasfan Hj A Rahman on the same day.

[6] The District Land Administrator on 2 October 2014 vide presentation No.0702B2014001300 entered the Registrar's caveat on the Land.

[7]One Marlia Mohd Belia who claimed to be the beneficiary of the estate of Mariam Yahaya filed Penang High Court Originating Summons Nos: 24NCVC-167-02-2015 and PA-24NCVC-953-10-2016 on 27 February 2015 a

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