Anand Ponnudurai J:

Introduction

[1] In the Torren System regulating land law in Malaysia, the entry of a caveat on land titles is common place. It is also very common for aggrieved parties to then seek the removal of such caveats. This was one such case.

[2] The Plaintiff in this current proceedings is seeking to remove two private caveats lodged by the 2nd and 3rd Respondents (hereinafter referred to as "R2" and "R3") respectively as well as a Registrar's caveat lodged by the 1st Respondent ((hereinafter referred to as "R1") on the title for a piece of land under Geran No 58491/M1/27/52, Bangunan No M1, Tingkat No 27, Petak No 52 Lot 2627, s 1, Bandar Georgetown, Daerah Timor Laut, Pulau Pinang (hereinafter referred to as "the said land").

[3] Having heard learned Counsel for the parties submit with the aid of their written submissions, I ordered the removal of the private caveat entered by R3 and the Registrar's caveat by R1. I however dismissed the application to remove R2's private caveat.

[4] The Plaintiff has since filed a notice of appeal against my decision of not removing R2's caveat and as such, I will hereinbelow set out the salient background facts, parties' rival c