MOHAMED DZAIDDIN FCJ (delivering the judgment of the court): This appeal arose from the decision of the High Court, Pulau Pinang given on 18 June 1993 granting the respondents application under s 327 of the National Land Code 1965 (the Code), for the removal of Private Caveat No 5040/91 Jilid 282 folio 72 (the caveat) entered by the appellant on the register documents of title in respect of two pieces of land held under Grant First Grade Nos 4661 and 5650 for Lots No 1457 and 1835 Mukim 13, North East District, Pulau Pinang (the lands).

The appeal was against the finding of the learned judge that the respondents were person aggrieved within the meaning of s 327 of the Code, and therefore could apply for the removal of the caveat.

Factual background

The application for the removal of the caveat originated from an agreement dated 4 January 1943 (the 1943 agreement) made between Chor Bah Say, deceased, and Choong Lye Hock Estate Ltd, later converted to Choong Lye Hock Estate Sdn Bhd (the company). The material terms of the 1943 agreement are as follows:

(1) The said Chor Bah Say shall without remuneration be in management of the said Otaheite Est