Azizan Md Arshad JC:

GROUNDS OF JUDGMENT

[LAMPIRAN 1]

Introduction

[1]Plaintiff filed suit against Defendants seeking recovery of the 1/2 share in the land identified as Lot No. 1944 and 1945, Geran Mukim No. GM942 and No. GM943, Mukim 17, Daerah Seberang Perai Tengah, Pulau Pinang (collectively known as “GM942 and GM 943” or “Land”) that belonged to the estate of Chong Thoo Fooi (“CTF”) transferred from First(1^st) and Second(2^nd) Defendant to Third Defendant(3^rd). The Land was also previously referred to as Lot 131 before it split into GM942 and GM943.

[2]Plaintiffs commenced this action after discovering that CTF’s interest in the land had been improperly transferred to 3^rd Defendant on 18.03.2014, more than 60 years after the death of CTF. Plaintiff asserted this claim in his capacity as the manager of CTF Properties (“CTF Properties”).

[3]Despite being served with the Writ and Statement of Claim, the 1^st and 2^nd Defendants did not enter any appearances or formally engage in the proceedings. Despite the fact that both the 1^st and 2^nd Defendants had only made irregular appearances in Court, both the 1^st and 2^nd Defendants did not file any Defence. Neither did they give any oral evidenc