Mahadev Shankar J:

This case is about a borrower and his family who did everything they could to frustrate a bank from selling their home to pay off a judgment debt.

Roshammah a/p Samuel (the deceased) was the registered owner of the land held under state lease 1446 Lot No 297 in P J (the said land). On it is a house No 33 Jalan 1/2 Petaling Jaya (the said house). The deceased's husband A Subramaniam a k a A S Maniam (the Borrower) is a contractor.Their two daughters and two sons (the Intervenors) live in the said house.

In 1982 the borrower approached the Bank for credit facilities. The Bank wanted security. So the deceased executed a Lien holder's caveat and deposited the title to the said land with the plaintiff (the Bank). The deceased also executed a personal guarantee.

Thereupon the borrower was given overdraft facilities on his current account with the bank which he fully utilised. The borrower bought shares and deposited three lots with the bank as additional security to allow him to continue the overdraft.

The borrower did not pay his taxes. The Department of Inland Revenue took out a bankruptcy notice and served it on the borrower. This was followed by a creditor's pet