Back
HIGH COURT MALAYA, SHAH ALAM
LIEW MOK POH & ANOR. – Appellant
Versus
BALAKRISHNAN MUTHUTHAMBY – Respondent
Mahadev Shankar J:
This is an application for the removal of a private caveat lodged by the respondent against the land held under Certificate of Title HS(D) 16394 Lot 8912 (the said land) owned by one Lim Gee Mooi (the owner).
The said land was charged by the owner to the Pacific Bank Berhad on 28 June 1984.
On 18 May 1989 the owner borrowed RM38,000 from the respondent. This money the respondent obtained by way of a loan from his own banker Malayan Banking Berhad. The respondent charged his own land to Malayan Banking Berhad as collateral for the loan.
By way of security for this loan of RM38,000 the owner executed a special power of attorney in favour of the respondent. This power of attorney was given for the valuable consideration represented by the loan of RM38,000 aforesaid and the instrument specifies that it was made irrevocable. Clause (1) of this power empowered the respondent to transfer, sell, charge, lease or otherwise deal with the said land. Clause (5) provided that the power shall become effective on 1 April 1990 in the event that the owner fails to repay the said-loan of RM38,000 taken by the respondent from Malayan Banking Berhad and the interest thereon. Cl
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
