Gopal Sri Ram JCA:

[1] This is an appeal from the decision of Ranita Hussein JC, given on 15 August 1994, dismissing the appellant's application made by originating summons for the removal of a caveat entered by the respondent against the title to the appellant's land. The appeal was heard on 16 February 1995, and, at the conclusion of argument, it was allowed, indication being given to Counsel that written reasons would be given. These now follow.

[2] The facts relevant to this appeal may be shortly stated. Murugappa Chettiar, now deceased, and to whom we shall refer as "the deceased", is, and was, at all material times, the registered proprietor of all that land held under CT NO 24212 for Lot No 2113 in the Mukim of Serendah. Under his hand, by a Deed dated 1 June 1987, he appointed one Adaikappan Chettiar (whom we shall refer to as Adaikappan) as his attorney. The Power of Attorney did not empower Adaikappan to sell the land in question. It was registered with the Registrar of the High Court as required by Powers of Attorney Act, 1949. Consequently, anyone who wished to find out exactly what powers Adaikappan had as the deceased's attorney could easily do so by conducting