PUSHPALEELA R SELVARAJAH & ANOR vs RAJAMANI MEYAPPA CHETTIAR & OTHER APPEALS

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2019 MarsdenLR 2312

FEDERAL COURT PUTRAJAYA
PUSHPALEELA R SELVARAJAH & ANOR – Appellant
Versus
RAJAMANI MEYAPPA CHETTIAR & OTHER APPEALS – Respondent

Petitioner Advocates:Leong Wai Hong,David Tan,Brenda Chan Qing Wen ,Respondent Advocate: Bastian Vendargon,PK Nathan,T Gunaseelan,Gene Vendargon,Keshvinjeet Singh

Table of Content
1. judgment context surrounding competing claims of land title. (Para 1 , 4 , 5)
2. appeals arise from land fraud and competing claims. (Para 2 , 9)
3. implications of fraud on land transaction and registered titles. (Para 3 , 14)
4. assessing duties of solicitors in context of property law fraud. (Para 6)
5. considerations on the duties of solicitors linked to fraud cases. (Para 65 , 66 , 69)
6. establishing the threshold for indefeasibility of land titles under fraud. (Para 70 , 72)

[1] This judgment is prepared pursuant to s 78 of the Courts of Judicature Act 1964, as then Chief Justice and President of the Court of Appeal have since retired. This is a unanimous decision by the remaining members of the panel who heard this appeal.

[2] These three related appeals emanated from a suit in the High Court of Malaya at Shah Alam under Civil Suit No: 21-136-2007. The appeals are against the decision of the Court of Appeal, which reversed the decision of the High Court after a full trial of the matter arising out of a replacement issue document of title that was issued by the land authorities and the fraud committed using this title. As a result of which, the unfortunate origin

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2019 MarsdenLR 2312

FEDERAL COURT PUTRAJAYAPUSHPALEELA R SELVARAJAH & ANOR – AppellantVersusRAJAMANI MEYAPPA CHETTIAR & OTHER APPEALS – Respondent

Cases Referred (1)

FEDERAL COURT PUTRAJAYA
PUSHPALEELA R SELVARAJAH & ANOR – Appellant
Versus
RAJAMANI MEYAPPA CHETTIAR & OTHER APPEALS – Respondent