Su Tiang Joo JC:

[1] By encl 7, the Defendant seeks to have the action struck out pursuant to O 18 r 19 (1) (a) or in the alternative, O 18 r 19 (1) (b), (c) or (d) ROC 2012 and the Court's inherent jurisdiction ("SO Application").

The Action

[2] The dispute is over lands held under Geran No. 60456 Lot 1747, Geran 60457 Lot 1748 and Geran No 60458 Lot 1749 all in Mukim Sungai Terap ("the said Lands").

[3] The said Lands were originally registered under the names of Thanapakiam Subrayah ("Thanapakiam") and Soundarvali Rajoo ("Soundarvali");

[4] By action commenced by Writ dated 22 February 2019 and by a Statement of Claim filed on 14 March 2019, the Plaintiff claims that the Defendant came to be registered as the proprietor of the said Lands on 10 March 2006 through fraud and or forgery.

[5] The reliefs prayed for are inter alia for the transfer of the said Lands to the Defendant made pursuant to Presentation No. 61338/2014 be set aside and struck out, for vacant possession, for damages with interest thereon and costs.

[6] In claiming the reliefs sought, the Plaintiff pleaded that it entered into a joint venture agreement dated 3 September 1995 ("JVA") with one G Ramoo Govindarajoo