JUDGMENT

Abdull Hamid Embong FCJ:

(1) Two questions of law were posed for our determination, namely:

(a) Whether a boundary dispute over a portion of the land between two neighbouring lots which involves the physical aspect of the land ie, the actual size and not the ownership, rights, title or interest registrable in the document of title, can give rise to a caveatable interest.

(b) Whether a caveator who is claiming a title and/or interest in respect of a part of a land:

(i) who has described the nature of his claim;

(ii) who has explained that the caveat applied for was to protect only that part of the land.

is further required by s. 322(1) of the National Land Code 1965 to expressly state in Form 19B that the caveat was to bind only that part of the land.

(2) Background Facts

2.1 The defendant (the appellant in the present appeal) was the registered proprietor of several pieces of land which was derived from the subdivision of a larger lot known as Lot No. 16245, Mukim Petaling, Daerah Kuala Lumpur.

2.2 The appellants land adjoined Lot PT 5105 whose proprietor was Zuhrah Bina Sdn Bhd ("Zuhrah Bina"), a construction firm. Zuhrah Bina had entered into a joint venture a