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1965 MarsdenLR 171

HIGH COURT, KUALA LUMPUR
RE SYED EIDRUS ALSAGOFF; SYED MOHAMED ALSAGOFF – Appellant
Versus
POH KIM SAN & ORS – Respondent


JUDGMENT

Winslow J:

The plaintiff, who is the executor of the estate of one Syed Eidrus bin Hassan bin Saleh Alsagoff (deceased) (also known by five different variants of the same name, and who will hereinafter be referred to as Syed Eidrus), claims a declaration that a number of mortgages and conveyances of the properties of Syed Eidrus set out in para. 23 of his claim are null and void, and for an order directing the Registrar of Deeds, Singapore, to cancel the registration of the said deeds and all relative entries in his books and for other consequential orders.

Of the 16 sets of defendants concerned, the claim is being proceeded against only the first defendants, defendant No. 2(b) and defendant No. 12(a), all the other defendants having either submitted to judgment against them or reconveyed the properties concerned (the properties) or withdrawn their defences and counterclaims.

The present proceedings are founded on the alleged execution by Syed Eidrus of a power of attorney dated 31 July 1957 (Exh. P2, which will hereinafter be referred to as the power) in favour of one Syed Abdulrahman bin Abdullah

Alsagoff (PW6) who, subsequently, on 30 September 1957, mortgaged the proper

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