Hashim Yeop Sani FJ:

The application before the learned Judge was under s. 327(1) of the National Land Code, 1965 for the removal of a private caveat (Presentation No. 165/78, Jilid 2, Folio 99) presented by the respondent (appellant now) in respect of land held under C.T. No. 4876 Lot No. 3 Section 20, Town of Kuantan.

The grounds for the removal of the caveat as set out in the application were:

(1) The respondent had no interest in the said land;

(2) The respondent did not have any right to claim title to or any caveatable interest in the land; and

(3) The said private caveat was wrongly presented by the respondent.

It can be seen that all these grounds form substantially only one ground i.e. the appellant had no interest as envisaged under s. 323(1) of the National Land Code which interest may be protected by a caveat.

A number of affidavits were filed by both parties and one witness was called on behalf of the applicant and two witnesses on behalf of the respondent. At the conclusion of the hearing the learned Judge ordered the said caveat to be removed. The appeal is against that order.

Some background facts are necessary and they may be summarised as follows. On 28 D