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2020 MarsdenLR 392

COURT OF APPEAL PUTRAJAYA
PENDAFTAR HAKMILIK NEGERI SELANGOR – Appellant
Versus
CAESIUS DEVELOPMENT SDN BHD & ORS AND ANOTHER APPEAL – Respondent


Petitioner Advocates:Mohd Syarizal Shah Zakaria,Norfariza Ridzuan ,Respondent Advocate: Rusdy Ishak,Bruce Lim Cheang Nyok,Yap Yik Yee

JUDGMENT

Zaleha Yusof JCA:

[1] There are two appeals before us. Appeal No: B-01(NCVC)(W)-326-09-2017 (Appeal 326) was filed by Pendaftar Hakmilik Negeri Selangor (PHMS), who was the 7th defendant in the High Court. Appeal No: B-01(NCVC)(W)-359-08- 2017 (Appeal 359) was filed by Chua Kim Hin and Tan Teng Hock who were the 1st and 2nd defendants respectively in the High Court.

[2] The subject matter of the dispute here and below is in regard to a piece of land held under HS(D)85466, PT 24515, Mukim Petaling, Daerah Petaling, Negeri Selangor (the said Land). The 1st respondent in both Appeal 326 and Appeal 359 was the plaintiff in the High Court. The appeals before us were against the decision of the learned High Court Judge who allowed the 1st respondent's claim that the 1st respondent is the true and lawful registered owner of the said Land. In deciding so, the learned High Court Judge found the appellant in Appeal 326 was negligent and in breach of its statutory duty which resulted the 1st respondent to lose the ownership of the said Land to the appellants in Appeal 359.

[3] For ease of reference, parties in these appeals will be referred to as they were in the High Court.

[4] The salie

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