Abdul Malik Ishak J:

This was an originating motion in encl 4 filed by the plaintiff to cancel the Registrar's caveats entered against the plaintiff's lands comprised in PTD 27356 H S(D) 26670 till PTD 27722 H S(D) 27033, Mukim Kluang, Daerah Kluang, Johor totalling 364 lots of lands held in 364 separate titles.

It was not disputed that the plaintiff was the registered proprietor of all that 364 lots of lands.

It was in evidence that the first defendant entered the Registrar's caveats on the plaintiff's lands at the behest of the fourth defendant.

The fourth defendant had made an application for the entry of the Registrar's caveats on the strength of a police report lodged by the third defendant, the director of the second defendant.

The first defendant through Adib Azhari bin Daud deposed an affidavit-in-reply in encl 9 dated 19 March 1997 and there he said that the fourth defendant had intimated that the investigations have not been completed and, consequently, the first defendant could not cancel the Registrar's caveats.

The plaintiff was perturbed at the existence and continuance of the Registrar's caveats on the 364 lots of lands.

The effect of a Registrar's caveat is manifold.

It prohibits the registration, endorsement or entry on the register document of title of any instrument of dealing.

It too prohibits any claim to the benefit of a tenancy exempt from registration and any lien-holder's caveat as provided under s 319(1)(b) of the National Land Code 1965 ('NLC'). By s 319(2) of the NLC the prohibitive effect of the Registrar's caveat is more pronounced and severe than a private caveat for the simple reason that a Registrar's caveat prohibits the registration of any such instruments presented for registration before the caveat was entered and also to such claim or lien-holder's caveat or the application for endorsement or entry received before that time.

However, if the instrument has been duly registered or claim to the benefit of the tenancy has been duly endorsed or the entry of the lien-holder's caveat has been duly registered before the entry of the Registrar's caveat, the prohibition of the Registrar's caveat will not apply. Section 319(3) of the NLC vests a discretionary power to the Registrar to waive the prohibition in any case where he is satisfied that to do so will not be inconsistent with the purpose for which that caveat is entered, but, in any other case, he shall reject the instrument or, as the case may be, the application for endorsement or entry of the lien-holder's caveat.

Now, the entry of the Registrar's caveat shall be in Form 7 as exemplified under s 321(1) of the NLC. The first defendant in Form 7 (exh 'PCK 39' of encl 3) stated that the entry of the Registrar's caveats on those 364 lots of lands was for the following purpose:

Sebagaimana di dalam surat Lampiran Bil: (PR) 35/84 bertarikh 25hb November 1996 daripada Bahagian Pinjaman Perumahan.

A perusal of Form 7 showed that it was dated 28 November 1996 and the endorsements on the documents of titles were effected under the hand and seal of the Registrar together with the statements of the times of entries.

The dates and times of the entries were listed as 28 November 1996 at 8.47 am Under s 321(2) of the NLC as soon as may be after the entry of the Registrar's caveat, the Registrar shall serve upon the proprietor of the land thereby affected a notification in Form 19A. In the present case, that notification under Form 19A was dated 28 November 1996 and it was served on the plaintiff - Agrimal Project Sdn Bhd. A perusal of Form 19A as seen in exh 'PCK 39' of encl 3 revealed that the Registrar's caveat was entered on the application of the "Polis DiRaja Malaysia." Somewhere in the middle portion of Form 19A the following hand written words were written therein:

Ibu Pejabat, Jabatan Siasatan Jenayah, Polis DiRaja Malaysia 80990, Johor Bahru.

Why then must the words "daripada Bahagian Pinjaman Perumahan" appear in Form 7 if in fact the Registrar's caveat