Mohamed Dzaiddin FCJ:

This appeal arose from the decision of the High Court Pulau Pinang given on 18 June 1993 granting the respondents' application under s. 327, NLC 1965 (the Code), for the removal of private caveat no. 5040/91 Jilid 282 folio 72 (the said caveat) entered by the appellant on the register documents of title in respect of two pieces of land held under Grant First Grade nos. 4661 and 5650 for Lots no. 1457 and 1835 Mukim 13, North East District Pulau Pinang (the said lands).

The appeal was against the finding of the learned judge that the respondents were "persons aggrieved" within the meaning of s. 327 of the Code, and therefore could apply for the removal of the said caveat.

Factual Background

The application for the removal of the said caveat originated from an agreement dated 4 January 1943 (1943 agreement) made between Chor Bah Say, deceased, and Choong Lye Hock Estate Ltd., later converted to Choong Lye Hock Estate Sdn. Bhd. (the company). The material terms of the said agreement are as follows:

1. The said Chor Bah Say shall without remuneration be in management of the said Otaheite Estate (later known as Ayer Itam Estate) and shall collect all th