[1] The plaintiff by this originating summons primarily applies for the removal of a private caveat (No. 450/2010) lodged by the defendant against the land held under GRN 52770, Lot 4896, Mukim Selandar, in the District of Jasin, Melaka (Formerly known as GRN 4438, Lot 406, Mukim of Selandar, in the District of Jasin, Melaka), (the subject land).

[2] At the outset, there are two applications before this court for determination in connection with the same subject land. In addition to the present application to remove the defendant's private caveat, the plaintiff has also assailed the registered owner's, Aikpoint Development Sdn Bhd (Aikpoint), application in the originating summons No. 24 NCvC-209-12/ 2011 (first application) for the release of a sum amounting to RM340,000.00 which the government had paid as compensation sums for the compulsory acquisition of a certain part of the subject land. At the start of this proceeding, both parties had agreed that both applications could be heard together. After hearing both parties, this court has on 28 November 2012 allowed the registered owner Aikpoint's application to have the compensation money released to them. As for this application,