Low Hop Bing J:

Application

This is the plaintiff's application in encl. (3) for an order that the private caveat entered by the defendant videpresentation No. 26/1999, Jilid 36, Folio 61 dated 23 February 1999 ("the private caveat") on the plaintiffs land held under GM 65, P.T. No. 616, mukim of Rasah, district of Seremban, ("the land") be removed under s. 327(1) of the National Land Code 1965 and for damages to be assessed.

For brevity and convenience, a reference to any section is a reference to that section in the National Land Code 1965 unless the context otherwise requires.

Factual Background

The plaintiff was, prior to his being adjudicated as a bankrupt, the registered owner of the land.

On 15 December 1976, the plaintiff and the defendant entered into a sale and purchase agreement ("the agreement") to buy 3450 sq. ft. of the land at a consideration of RM1,850 ("the amount") which has been duly paid by the defendant to the plaintiff.

The plaintiff was adjudicated as a bankrupt on 8 October 1984, whereupon the defendant filed the proof of debt for the amount.

On 23 January 1999, the plaintiff took steps to discharge himself as a bankrupt by settling all the debts in