Azhar Ma'ah J:

The defendant is the registered owner of Land Lot 3954, Geran 1695, Mukim Gali, Daerah Raub, Pahang which she mortgaged to the plaintiff in order to secure a loan of RM100,000 granted by the latter to a third party (the borrower).

The borrower failed to repay the loan with accrued interest. As a result the plaintiff through their solicitors, issued the statutory notice in Form 16D under s. 254 of the National Land Code 1965 to remedy the breach within 30 days of the receipt of the said notice failing which the plaintiff would apply for an order for sale.

The defendant chargor neglected to remedy the breach specified in the statutory notice. This led the plaintiff chargee to taking out an Originating Summons for an order to sell the land by public auction. The originating summons was filed on 25 September 1996 together with a supporting affidavit of the plaintiff chargee's branch manager which was sworned on 17 September 1996. The outstanding sum due to the plaintiff chargee as at 26 August 1996 was said to be RM253,585.02 with further interest thereon at an additional daily rate of 12.25% per annum.

In opposition to the plaintiff chargee's application cou