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2023 MarsdenLR 683

HIGH COURT MALAYA MUAR
ZULIAHA SELAMAT & ANOR – Appellant
Versus
MAJLIS AMANAH RAKYAT & ANOR – Respondent


Petitioner Advocates:Yong Li Yang,Sim Liang Shian ,Respondent Advocate: Anis Hasliza Ajis

Suria Kumar Dj Paul JC:

Introduction

[1] This is an appeal by the Appellants against the decision of the Batu Pahat Land Administrator in granting an Order for Sale on 2 August 2022 for the land known as No Hakmilik Geran Mukim 5268 Lot 2389 Mukim Tanjong Sembrong, Daerah Batu Pahat, Negeri Johor (hereinafter referred to as "the said property").

Background

[2] Pursuant to a Letter of Offer dated 11 October 2006, the 1st Respondent granted a loan facility in the sum of RM1,979,323.00 to a company known as Invitrotech Sdn Bhd (hereinafter referred to as the "Company") in accordance with Qardul Hasan principle pursuant to the Qadrul Hasan Agreement dated 22 January 2007.

[3] As a security towards granting of the said loan facility, the following two (2) properties were furnished by way of a 3rd party charge:

(a) GM 5268 Lot 2389 Mukim Tanjong Sembrong, Daerah Batu Pahat, Negeri Johor;

(b) GM 4728 Lot 262, Mukim Tanjong Sembrong, Daerah Batu Pahat, Negeri Johor.

[4] Appellants are the registered proprietors of the property known as GM 5268 Lot 2389 Mukim Tanjong Sembrong, Daerah Batu Pahat, Negeri Johor, and this appeal concerns an order for sale granted for this property.

[5] Apart from the 3r

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