JUDGMENT

George Varughese JC:

Introduction

[1] Enclosure 1 is the plaintiff's application in Originating Summons dated 26 February 2020 made pursuant to s 327(1), National Land Code 1965 ("NLC 1965"), inter alia, seeking the following orders:

(i) removal of the private caveat registered/lodged by the defendant on 3 December 2019 by way of Presentation No 0799B2019012713 ("Private Caveat"), pertaining to an interest on the land and hereditament held under HS (D) 61106, Lot No 50425, Mukim 11, Daerah Seberang Perai Tengah, Negeri Pulau Pinang ("Land"); and

(ii) a declaration that the Private Caveat lodged by the defendant is invalid, wrongfully presented or registered without reasonable cause and that the defendant has no interest or caveatable interest in the Land to enter the Private Caveat.

Brief Facts

[2] The plaintiff is the registered proprietor for the Land together with a 4-storey shop-lot erected thereon bearing assessment address No 37, Jalan Icon City, Icon City, 14000 Bukit Mertajam, Pulau Pinang ("Premises").

[3] The defendant entered into a Tenancy Agreement ("Agreement") with the plaintiff on the 1 October 2015 to rent the Premises for a tenure of 5 years from 1 October 2015