HIGH COURT MALAYA SHAH ALAM
LEE SIOK CHING – Appellant
Versus
EDEN REALTY SDN BHD & ORS – Respondent
JUDGMENT
Introduction
[1] There was a time in the past when many people thought the Torrens system of registration of land titles provided for a complete and foolproof system of indefeasibility of land titles. However, decided cases in recent times have shown that the Torrens system is not a foolproof system of registration of land titles and that the concept of indefeasibility of land titles under our Torrens system is a conditional and qualified concept with exceptions thereto. Although the Torrens system of registration of land titles has removed much of the risks and uncertainties of the old caveat emptor concept, the statutory exceptions to the indefeasibility of titles correlate to the residual remnants of the old caveat emptor concept or its varied form which continue to haunt purchasers who are not aware of the risks and ambit of the exceptions to the indefeasibility of titles.
[2] This is an action by the previous registered proprietor of a piece of land to recover the title and ownership of land from a transferee and to claim damages against various persons who deprived her of her title to the land.
[3] In a summary the Plaintiff's grounds for recovery of the
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