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2009 MarsdenLR 2507

HIGH COURT, PENANG
ACHI SUPPIAH – Appellant
Versus
DEVAMURTHY SUPPIAH – Respondent


JUDGMENT

Facts of the Case

The Plaintiffs claim against the Defendant is inter alia for specific performance of an oral agreement/contract entered into by both of them on 14.9.2005 at about 8.30 p.m. at house No. 82, Taman Baru, Seberang Jaya, Penang where the Defendant agreed to sell and the Plaintiff agreed to buy a semi-detached house belonging to the Defendant at No. 2051, Supreme Garden, 13700 Perai, Penang (hereinafter referred to as "the said property") at the price of RM300,000.00.

On 14.9.2005, an annual prayer ceremony was held at the house of Plaintiffs mother-in-law at the aforesaid address from 7.00 p.m. to 9.30 p.m. About 30 people comprising of family members and friends of Plaintiff's husband, M. Sugumaran a/l R. Muniandy (PW5) attended. Defendant who was PW5's friend was invited and attended that night.

Plaintiff's case is that at about 8.30 p.m. while her husband, PW5 was in his mother's house at the aforesaid address with the Defendant and 2 other friends namely, Vijayandran a/l Veloo (PW3) and Parameswaran a/l Ramasamy (PW4), Defendant had offered to sell to PW5 the said property. PW5 expressed his interest but as he might have problem in obtaining a loan from the b

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