Mohd Azmi SCJ:

[1] This was an appeal against the order of the High Court made in Kuala Lumpur on 15 May 1991, allowing the respondent's application to set aside a private caveat entered by the appellant on 26 October 1989 and extended by order of Court dated 21 June 1990. It was common ground that the entry of the caveat was made under s 323(1)(b) of the National Land Code because the caveator was claiming to be beneficially entitled under a trust created by a testator affecting certain alienated lands in Kuala Lumpur.

[2] The case involved a dispute between six members of the Tan family over properties left by their late father, Mr Tan Kee who died on 23 January 1969. By his last will the deceased left all his properties to his six sons in equal shares and appointed the third son, Tan Boon Thong (the 1st respondent before us) to be the sole executor and trustee of his estate. By Petition No 395 of 1969, Tan Boon Thong applied to Kuala Lumpur High Court and duly obtained a grant of probate on 14 April 1971. The appellant (herein referred to as "the caveator") was one of the brothers and was beneficially entitled to 1/6 interest in the following properties:

(a) EMR 6651 Lot 15