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1993 MarsdenLR 370

HIGH COURT, JOHOR BAHRU
TAN SEE HOCK – Appellant
Versus
DEVELOPMENT & COMMERCIAL BANK BHD. & ANOR. – Respondent


JUDGMENT

James Foong J:

Enclosure 1 is an application by the plaintiff to extend the private caveats lodged by the plaintiff on 71 subdivided properties held under HS(D) No. 134280- 134281, 134363-134397 and 134424-134458 for lot no. 19106-10107, 19189-19223 and 19250-19284 respectively all in the Mukim of Sedenak, Johor (hereinafter I shall refer to as the said land).

This extension was applied for, for reason that the plaintiff had received a Form 19C from the Registrar of Titles giving notice of the Registrar's intention to remove the plaintiff's caveats under s. 326 of the National Land Code (NLC) unless, extended by an order of the Court. Form 19C was issued by the Registrar in pursuance to an application to the Registrar for such removal by the 1st defendant.

On 11 April 1987, Enclosure 1 was heard by Justice Dato' Mohd.Yusoff (as he then was). This Court is informed that due to certain circumstances whereby full argument could not be presented, a temporary extension of the caveats was granted "until further argument before this Court on a date to be fixed". This "further argument" was heard before me on 28 June 1993 of which I now give my decision.

The facts of this case are

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