JUDGMENTBY: MOHAMED AZMI FJ

(delivering the Judgment of the Court): This is an appeal against the decision of Peh Swee Chin, J. dated November 12, 1982 in which he dismissed the appellant/chargors Originating Motion to set aside the order of the Collector of Land Revenue, Klang made pursuant to Section 263 of the National Land Code that the land held under E.M.R. 7188, Lot 1800, Mukim of Klang, be sold by public auction at a reserved price of one million ringgit for failure to comply with two notices of default in Form 16D to pay the sum of M$ 2,840,826.94 due to the respondent/chargee under charge presentation No. 31438, Volume XVII, Folio 97 dated April 10, 1965 and No. 34236, Volume XXI, Folio 63 dated September 21, 1967.

The evidence before the learned Judge consisted of an affidavit in support of the motion sworn on July 30, 1982 by Norma bt. Mohd. Noar, a Secretary of the appellant and an affidavit in reply sworn on September 6, 1982 by Ng Shang Peng, the Manager of the Kuala Lumpur Main Office of the respondent. The facts in both affidavits were never in dispute and they could be stated as follows. The land EMR 7188, Lot 1800 registered in the name of the appellant, was char

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