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2021 MarsdenLR 1478

HIGH COURT MALAYA IPOH
ANGKASA TIRAM SDN BHD – Appellant
Versus
TRUE LANDING SDN BHD – Respondent


Petitioner Advocates:CK Yeoh,KL Mah ,Respondent Advocate: KB Tan

JUDGMENT

Su Tiang Joo JC:

Introduction

[1] The plaintiff claimed to be entitled to half share or 50% in six pieces of property registered under the name of the defendant. After a trial, the Court decided that by reason of the plaintiff having contributed 32.3% of the acquisition price of the properties, a resulting trust ensued and the plaintiff is entitled to 32.3% shares. Both the plaintiff and the defendant are dissatisfied and both have appealed. These are the grounds for the decision made on 6 July 2021.

[2] The facts and evidence are well captured in the respective written submissions of the respective parties (encls 80, 83, 86, 89, 94, 98 and 100) and to reproduce the same would only add unnecessary length of these grounds.

[3] Wherefore, save for setting out the salient background facts to facilitate comprehension, the Court will proceed to deal with the respective contentions made by the parties and explain the findings made by this Court.

Background Facts

[4] At the heart of this action are six pieces of lands now held under issued documents of title known as: (i) HS (D) 18449 PT 21676, (ii) HS (D) 184410 PT 21677, (iii) HS (D) 184411 PT 21678, (iv) HS (D) 184412 PT 21679, (v) H

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