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1974 MarsdenLR 338

MOHAMAD AZMI
PAPPA – Appellant
Versus
SAMINATHAN – Respondent


Advocates:
For the plaintiff - M. Segaram; M/s. Segaram & Co. For the defendant - Dulip Singh; M/s. Dulip Singh & Co.

JUDGMENT

Mohamed Azmi J:

This is a dispute in respect of ownership of land held under E M R 5087 comprising of 2 acres three roods 35 poles of bendang Lot No. 10600 and one acre of kampong Lot No. 5406 in the Mukim of Tanjong Karang, in the District of Kuala Selangor. This type of land title commonly referred to as "tied - title" is prevalent in Tanjong Karang. The two lots (hereinafter referred to as "the said lands") were originally held under Approved Application Nos. 814/50 and 79/57 under the provisions of the repealed F M S Land Code - the registered occupier being one Palaniandy s/o Muruan. In 1957 before leaving for India, Palaniandy appointed the defendant as his attorney in respect of his property in this country including the said lands vide a general power of attorney No. 500/75 dated 11 May 1957 (exh. AB2). About five years later, acting as a duly constituted attorney of Palaniandy, the defendant in turn gave the plaintiff an irrevocable Power of Attorney No. 739/62 dated 9 July 1962 (exh. AB9), purporting to authorize the plaintiff to transfer the paid lands to herself. On 15 July 1965 Palaniandy was registered by the Land Office as the owner of the said lands under i

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