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1995 MarsdenLR 1934

MAHADEV SHANKAR
SARWARI A/P AINUDDIN – Appellant
Versus
ABDUL AZIZ A/L AINUDDIN – Respondent


Advocates:
T Gunaseelan ( Wan Majid & Mano) for the plaintiff.
Lopes ( Kamaruddin & Partners) for the defendant.

JUDGMENTBY: MAHADEV SHANKAR J

: This is an application by the defendant for a stay of execution pending appeal.

The plaintiff is now 67 years old. Her father died intestate in 1944. The defendant took out letters of administration in 1948, and effectively distributed the entire estate between himself and his brothers pursuant to a distribution order he obtained in 1949. The plaintiff was thus deprived of her inheritance. I valued this as at the date of judgment at RM547,847.21. I also ordered that the plaintiff be paid interest thereon from the date of her entitlement up to the date of my judgment. This came to another RM131,483.28. I then added these two sums to make up the decretal amount and ordered that the defendant pay 8% pa thereon until realization. It is this order the defendant now seeks to stay.

The defendant sold some of the lands he inherited from his fathers estate and bought another estate in Batang Kali, which he registered in the names of himself and his son. When he was about to sell this estate, the plaintiff obtained an ex parte injuction restraining him from doing so. This injunction was set aside by consent upon terms that the defendants half share of the sale

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