JUDGMENT

Noor Hisham Ismail J:

Introduction

[1] There are fifteen (15) plaintiffs and eight (8) defendants in this action via Originating Summons dated 12 May 2022 (OS).

[2] The plaintiffs will be referred to individually as "P1 to P15" or collectively as "P". Whereas, likewise for the defendants each will be referred to as "D1 to D8" or collectively as "D".

[3] In essence, P are applying for this Court to terminate the co-proprietorship of all that piece of land held under Geran 94122, Lot 2635, Bandar Johor Bahru, State of Johor ("said land") pursuant to s 145(1) National Land Code (NLC) 1965 and subsequently for the land to be sold to the public either via tender or if fails by public auction.

[4] For the purpose of the effectuating the sale of the said land, P also pray for an order that independent valuers and licensed auctioneer be appointed.

[5] Finally, P also pray for the deposit sum and proceeds of sale of the land be distributed equivalent to each shares as registered in the said land, for removal of existing caveats and for the transfer of the said land to the successful purchasers.

[6] The following cause papers were filed in respect of the OS:

(a) Originating Summons dated 12 May 2022 (OS)-Enclosure 1;

(b) P's Affidavit in-support affirmed on 9 May 2022 (AIS)- Enclosure 2;

(c) D1 to D6's Affidavit in-reply affirmed on 8 July 2022 (encl 14) (AIR D1-D6);

(d) P's Affidavit in reply to encl 14 affirmed on 14 July 2022 (encl 15);

(e) D1 to D6's Affidavit in reply to encl 15 affirmed on 12 August 2022 (encl 21);

(f) P's affidavit in-reply to encl 21 affirmed on 17 August 2022 (encl 22);

(g) D7's Affidavit in-reply to encl 2 affirmed on 27 June 2022 (encl 11) (D7 AIR);

(h) P's affidavit in-reply to encl 11 affirmed on 4 July 2022 (encl 12);

(i) P11 's affidavit affirmed on 4 July 2022 (encl 13);

(j) D7 affidavit in-reply affirmed on 2 August 2022 (encl 18);

(k) P's Affidavit in-reply to encl 18 affirmed on 8 August 2022 (encl 20);

(l) D8's affidavit in-reply affirmed on 8 August 2022 (encl 19);

(m) P's affidavit in-reply affirmed on 17 August 2022 (encl 23);

(n) P15's affidavit in-reply affirmed on 21 August 2022 (encl 24);

(o) D8's affidavit in-reply affirmed on 26 September 2022 (encl 25);

(p) D8's affidavit in-reply affirmed on 26 September 2022 (encl 26);

(q) P15's affidavit in-reply affirmed on 4 October 2022 (encl 27); and

(r) P's affidavit in-reply affirmed on 4 October 2022 (encl 28),

Salient Facts

[7] P altogether hold a 248/320 share in the said land with the rest belong to D1-D6.

[8] P1 to P6 are acting in their representative capacity in respect of various estates.

[9] P7 to P15 meanwhile are the sole beneficiaries of the 100/320 share in the said land registered in the name of Sinniah Muthukaruppan Chettiar Chinniah @ Singaram @ S.M Singaram @ S.M Chinniah S/O Muthukaruppan Chettiar ("the late Sinniah").

[10] D1 to D6 are the remaining co-proprietors of the said land representing a 72/320 share in the said land.

[11] D7 on the other hand is the purchaser of D1 to D6's undivided share in the said land and on that basis has entered a caveat on the said land.

[12] D8 is the son to P15 (mother) and the late Sinniah (father) and the executor to the late Sinniah's estate. D8 is also a trustee for his wife and two (2) daughters.

[13] The late Sinniah has a 5/16 undivided share in the said land where P7 to P15 are now the beneficiaries.

[14] As a trustee, D8 pursuant to a consent judgment dated 15 April 2018 is required to pay 153 lakhs Indian rupees to his wife and his 2 daughters upon the sale of the late Sinniah's 5/16 undivided share in the said land. More will be said later about this consent judgment in this judgment of the Court .

[15] Prior to the filing of the OS, P's solicitors via letter dated 9 December 2021 sent two (2) letters to D7 and D1 to D6's solicitors. These letters in gist contain P's wishes to dispose their respective shares in the said land. At the same, P's gave notice of the immediate termination of the co-proprietorship.