Lamin Mohd Yunus J:

[1] The applicant in this case applied for an order by way of an originating motion that the Registrar "be directed to remove the Registrar's Caveat No 601/88 Jilid 26 Folio 54 registered on that piece of land held under HS (M) 13362 PT No 947/34. Mukim Kuala Kuantan" (Encl 1). In the supporting affidavit (Encl 2) it was deposed that the applicant was the registered chargee of the said land which was charged to secure a loan of RM77,000 from the applicant in favour of the chargor. As the chargor had been in default of the loan, he therefore "on or about January 1989" approached the applicant with the view of disposing of the charged property to a third party by way of a private sale in order to satisfy the debt. However this arrangement could not be finalised as a search at the Land Office Kuantan revealed that a Registrar's caveat had been registered against the charged land on the ground that the chargor had not paid her income tax. The solicitors for the applicant then wrote to the Jabatan Hasil Dalam Negeri Kuantan requesting for the removal of the Registrar's caveat. The Jabatan Hasil Dalam Negeri Kuantan refused to entertain the request. However it