JUDGMENT

Akhtar Tahir J:

Introduction

[1] Both the Defendants applied to strike out the Plaintiff's claim under O 18 r 19 of the Rules 2012 ("the Rules").

The Brief Facts

[2] The Plaintiff initiated this proceeding by way of Originating Summons but subsequently by a Court order the Originating Summons was converted to a Writ.

[3] The Plaintiff through one of its Director claims beneficial ownership of 2 units of apartment in the project called Anjali Apartment developed by Angsana Setia Sdn Bhd the developer of the project.

[4] The 1st unit was bought on 11 August 2014 and registered under the name of the Defendants in trust for the Plaintiff. Subsequently this 1st unit was sold and the proceeds was utilized to purchase the 2nd unit. The 2nd unit was purchased on 12 July 2018 in the name of the Defendants also to be held on trust for the Plaintiff.

[5] The Plaintiff contends the Defendants did not pay a single cent for the purchase of both the units. On 4 November 2019 the Plaintiff asked for the return of the 2nd unit but found out that the Defendants had attempted to sell the 2nd unit without the knowledge of the Plaintiff.

[6] The Defendants on the other hand contend that the 1st unit o