JUDGMENT

MOHD GHAZALI, JC

23 MARCH 1995

GROUNDS OF DECISION

This is an application by the plaintiff made by way of summons-in-chambers for a declaration that the charges purportedly created over 29 pieces of land is null and void, illegal and of no effect. The plaintiff had earlier filed a writ against the defendant on 13 December 1990 and has claimed the same relief in her statement of claim.

The facts of the case are as follows:

The plaintiff is the widow and personal representative of one Hj Hassan bin Hj Arshad, who died on 26 November 1985 intestate (hereafter referred to as "the deceased") and the defendant is Bank Bumiputra [2] Malaysia Berhad, Batu Pahat, Johore.

Prior to his death the deceased was the registered proprietor of 2 adjoining pieces of land situated in the mukim of Perserai in the state of Johor. The deceased was also the registered co-proprietor with three other persons, namely, Ibrahim bin Abdul Karim, Abd Hamid bin Busu and Shadan bin Mohd Rahim (hereafter referred to as "the said three persons"), in equal shares, in 21 adjoining pieces of land and each of the said three persons were also the registered proprietors of 2 other adjoining pieces of land each. A