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1992 MarsdenLR 681

HIGH COURT MALAYA, SHAH ALAM
PALDRAMAN PALANIAPPAN & ORS. – Appellant
Versus
LACHEMI SANGANAYAR – Respondent


JUDGMENT

Mahadev Shankar J:

This is a claim for specific performance of an agreement for the sale of land, or alternatively for rescission and consequential relief. The plaintiffs applied for summary judgment under O. 81 of the Rules of the High . After hearing arguments in open Court I gave judgment in terms to the plaintiffs. My reasons now follow.

The parties all reside in Sungei Burung Sekinchan Selangor and would appear to be neighbours. They are all concerned one way or other with paddy planting. As can be seen from the defendant's affidavit she is well aware of the close family relationship of the plaintiffs. The first plaintiff Paldraman is the husband of the second plaintiff Karupayee who has a sister Pavayee. The third plaintiff is Paldraman's nephew.

The defendant now aged 60 is the widow of one Ambunayar a/l Kanayar (deceased). It would appear that she had a son called Narainan a/l Ambunayar and another son called Krishnan a/l Ambunayar by the deceased.

The defendant was the registered proprietor of a piece of paddy land held under title H.S. (M) 3216 for Lot 10685 in the Mukim of Tg. Karang (the said Lot). She pledged this Lot to Pavayee on 24 December 1984 in return for a

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