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COURT OF APPEAL PUTRAJAYA
AHMAD SHAZILLY ISMAIL BAKTI – Appellant
Versus
NIK SALMA ZAIDAH HJ WAN MOHD ZAID – Respondent
| Table of Content |
|---|
| 1. ownership and prior claims affect title. (Para 1 , 3 , 4 , 6 , 11 , 15) |
| 2. background of land transaction under dispute. (Para 5 , 7) |
| 3. defendant's claim of ownership via sd and court order. (Para 12) |
| 4. court's finding on equity and tenant status. (Para 18 , 19 , 20 , 21 , 22) |
| 5. high court's rationale on tenant's rights and equity. (Para 23) |
| 6. misapplication of tenant coupled with equity. (Para 27 , 36) |
| 7. plaintiff's right to vacant possession as registered owner. (Para 31 , 41) |
[1] This appeal arose from the decision of the High Court at Kota Bharu dated 1 August 2011 in which the learned judge dismissed the appellant's claim against the respondent for vacant possession and mesne profit in respect of a piece of land known as Lot No 289 Seksyen 27 Bandar Kota Bharu Kelantan ("Lot 289" or "the said land").
[2] We had earlier by a unanimous decision allowed the appellant's appeal and set aside the order of the High Court Judge. We now give reasons for our decision. For ease of reference we will refer to the parties as they were in the High Court.
The Factual Background
[3] The factual background is briefly this. Vide a Sale and Purchase Agreement dated 12 December 2005
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