Introduction And Backgrounds

[1] By this Re-Amended Originating Summons herein (Encl 35), the Plaintiff is applying for an order under s 148(2)(c) of the Land Code (Cap 81) for the sale of the 2 - storey hypermarket including the car park (Phase 1 development) measuring approximately 3.106 acres only described as Lot 1856 and 1858 (part of parent lot 1304), Block 3, Sungai Merah Town District, Sibu (hereinafter referred to as "the Hypermarket") which is a portion within all that parcel of land together with the building thereon and appurtenances thereof situate at Sungai Merah, Sibu, containing an area of 5.272 hectares, more or less, and described as Lot 134 Block 3 Sungai Merah Town District (hereinafter referred to as "the Parent Lot 1304").

[2] The Parent Lot 1304 has been charged by the Defendants to the Plaintiff under Memorandum of Charge Instrument No L 3275/2010 registered at the S