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1990 MarsdenLR 1198

LIM BENG CHOON
KHOO TENG SEONG – Appellant
Versus
KHOO TENG PENG – Respondent


Advocates:
For the applicant - Izabella de Silva; M/s. Chooi & Company
For the respondent - Ong Chin Beng; M/s. Ong Chin Beng & Rakan-rakan
For the respondent - Ooi Boon Leong; M/s. Ooi Boon Leong & Co.

JUDGMENT

Lim Beng Choon J:

By an Originating Motion No. 25-69-89 dated 8 September 1989 the applicant, as the sole surviving executor and trustee of the estate of Khoo Boo Gong deceased applied for the removal of the private caveats under Presentation No. 6618/89 Jilid 104 Folio 150, Presentation No. 6617/89 Jilid 104 Folio 149 and Presentation No. 6619/89 Jilid 104 Folio 151 presented by the respondent, Khoo Teng Peng ("the earlier respondent") against the lands held under CT 16118 Lot 40 s. 88A, CT 16135 Lot 57 s. 88A and CT 20982 Lot 717 s. 88A Town of Kuala Lumpur, District of Kuala Lumpur respectively pursuant to s. 327(1) of the National Land Code 1965. By another Originating Motion No. 25-89-89 dated 5 December 1989 the applicant also applied for the removal of the private caveats lodged by Khoo Teng Bin ("the later respondent") against the same parcels of land. The grounds for the removal of the caveats in both actions are the same and they are as follows:

(a) the respondent has no interest in the said land;

(b) the respondent does not have any right to claim title to or any registrable interest in the said lands; and

(c) the said caveat (sic) was wrongfully presented by th

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