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HIGH COURT MALAYA IPOH
TEONG PEEK MENG – Appellant
Versus
TEONG PECK JOO – Respondent
| Table of Content |
|---|
| 1. application for removal of caveat. (Para 1 , 2) |
| 2. criteria for caveatable interest established. (Para 3 , 4 , 5) |
| 3. beneficiary's claim deemed legally unsustainable. (Para 6 , 7) |
| 4. legal provisions on caveat registration. (Para 8 , 9) |
| 5. serious question for trial must be substantiated. (Para 10 , 11 , 12 , 13 , 15) |
| 6. balance of convenience favors plaintiff's rights. (Para 17 , 18 , 19) |
Introduction
[1] This judgment pertains to the plaintiff's application for the removal of a private caveat lodged by the defendant, the plaintiff's brother,over land registered under Pajakan Hakmilik Sementara Daerah No 2766, PT 367 in Mukim Tanah Rata, Cameron Highlands, Negeri Pahang. The application is made pursuant to s 327 of the National Land Code 1965 ("NLC"). It is also noteworthy that the Plaintiff filed a similar application to remove another private caveat lodged by the Plaintiff's mother, over the same property. That application was also heard together with this application and it is registered under Originating Summons No: AA-24NCvC-287-06/2024 [Teong Peek Meng v. Ong Chun Kim [2025] MLRHU 186].
Background Facts
[2] The deceased, Teong Boon Gee, passed aw
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