COURT OF APPEAL PUTRAJAYA
AMAR SINGH SUNDAR SINGH & ORS – Appellant
Versus
JIVANJIT KAUR SOHAN SINGH – Respondent
| Table of Content |
|---|
| 1. overview of dispute and factual background. (Para 1 , 2) |
| 2. arguments regarding licenses and tenancy. (Para 3 , 4 , 5) |
| 3. court's analysis of the evidence presented. (Para 6 , 7 , 8) |
| 4. principles of proprietary estoppel. (Para 12 , 14 , 19) |
| 5. jurisdictional limitations and interpretations. (Para 29 , 33) |
| 6. final judgment and orders of the court. (Para 38 , 39) |
[1] This is an appeal against the decision of the High Court judge dated 30 March 2004 whereby the following orders were granted:
(a) Vacant possession be given within four weeks of the portion of the land under GM 1164 Lot 4159 Mukim Batu being occupied by the defendant;
(b) Rent to be assessed by the deputy registrar as from the date notice of 7 October 1998;
(c) Interest at 8% from date of judgment to settlement;
(d) Costs; and
(e) The defendants caveat to be withdrawn within four weeks.
[2] The respondent in this appeal is the plaintiff while the appellants are the defendants in the original action. Hereinafter the respondent and the appellants shall be referred to as the plaintiff and defendants respectively. In the appeal before us the central argument is the right if any of the defenda
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