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2012 MarsdenLR 1739

FEDERAL COURT, PUTRAJAYA
GURBACHAN SINGH BAGAWAN SINGH & ANOR – Appellant
Versus
VELLASAMY PENNUSAMY & ORS & OTHER APPLICATIONS – Respondent


Table of Content
1. introduction to the review applications (Para 1 , 2 , 3)
2. factual background of land ownership and litigation (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13)
3. findings and judgments of the high court and court of appeal (Para 14 , 15)
4. arguments presented in leave applications (Para 17 , 19 , 29 , 30)
5. court's decision on the review applications (Para 18 , 22 , 41)
Raus Sharif PCA:

Introduction

[1] There are four applications before us: Application No 8-245-2010(A) ("1st Application"), Application No 8-325-2010(A) ("2nd Application"), Application No 8-463-2010(A) ("3rd Application") and Application No 8-104-2011(A) ("4th Application"). In this judgment, we will refer to the four applications as 'the Review Applications', where the context requires.

[2] The applicants in the Review Applications were the defendants, while the respondents were plaintiffs before the High Court. For clarity and convenience, where the context requires, we will refer to the applicants in the 1st application as "Gurbachan" and "Tetuan Bachan & Kartar", 2nd application as "Regal", 3rd application as "Receiver and Manager of SEP" and 4th application as "MBF". Otherwise, the term "applicants"

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