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1993 MarsdenLR 938

HIGH COURT MALAYA JOHOR BAHRU
PUNCA KLASIK SDN BHD – Appellant
Versus
ABDUL AZIZ ABDUL HAMID & ORS – Respondent


Petitioner Advocates:Wong Kim Fatt,K H Koh & Saw Hee Kin ,Respondent Advocate: Thara Singh,Kushvinder Singh

JUDGMENT

James Foong J:

[1] The facts of this case are not disputed. They are as follows On 9 July 1991, the plaintiffs entered into a Sale and Purchase Agreement with the Trustees of the Estate of one Syed Hassan bin Ahmad Alattas (hereinafter I shall refer to as the Alattas Estate), to purchase a piece of property held under Grant No 26977 for Lot 4271 in the Township of Johor Bahru (hereinafter I shall refer to as the said property) which measures approximately about 24 acres.

[2] When this sale came before this Court for approval, this Court ordered that it should be sold by tender to the highest bidder on the terms as laid down in a Court order dated 29 February 1992. One of the conditions for this sale was that the said property be sold without vacant possession and subject to all emcumbrances which include caveats, interest, tenants and occupiers thereon.

[3] The plaintiffs were the successful bidders and the property was sold to them for a sum of approximately RM24 million.

[4] On the said property are 20 caveats entered by the 20 defendants in this motion. Their claims are virtually similar; that they are the beneficial owners of various parts of land in the said property which

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