JUDGMENT

Anand Ponnudurai J:

Introduction

[1] This is the Plaintiff's application seeking an Order for the sale of a property held under Geran No Hakmilik 2925, No Lot 1609, s 5, Bandar Georgetown, Daerah Timor Laut, Negeri Pulau Pinang together with the premises erected thereon bearing the address of No 41, Persiaran Besi, 11600 Georgetown, Pulau Pinang (hereinafter referred to as the "said land") under ss 256 and 257 of the National Land Code 1965 and O 83 of the Rules of 2012.

[2] Having perused the affidavits and heard learned Counsel with the aid of their written submissions, I had allowed the Plaintiff's application and granted the orders sought. I will in this judgment set out the detailed facts and the reasons for allowing the application.

Background Facts

[3] The Defendant is the owner of the land known as Geran No Hakmilik 2925, No Lot 1609, s 5, Bandar George Town, Daerah Timor Laut, Negeri Pulau Pinang together with the premises erected thereon bearing the address of No 41, Persiaran Besi, 11600 Georgetown, Pulau Pinang.

[4] Upon the Defendant's request, the late Gan Yong Hin (the deceased), a licensed moneylender, trading as Ling Chian Fong Enterprise agreed to lend a sum