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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

[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 original landowner had been defrauded of her land.

[3] One of the main disputes in these appeals is about the competing claims on the ownership of the land between two innocent parties, that is to say, the plaintiff as the original owner and the 1st defendant as the current registered proprietor of the land cum a subsequent purchaser in good faith and for valuable consideration.

[4] In addition, these appeals also raise an important issue and one that most closely involves the legal profession: whether

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