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2018 MarsdenLR 2077

FEDERAL COURT PUTRAJAYA
T SIVAM THARAMALINGAM – Appellant
Versus
PUBLIC BANK BERHAD – Respondent


Petitioner Advocates:Gobind Singh Deo,S Prakash,Joanne Chua Tsu Fae ,Respondent Advocate: Chan Kok Keong,Samuel Tan Lih Yau,Denise Teoh Gaiy Eeng

Table of Content
1. appeal concerning land ownership disputes. (Para 1 , 2 , 3)
2. discussion on the knowledge of solicitors and indefeasibility. (Para 16 , 19 , 21)
3. indefeasibility is negated if the property was acquired through fraud. (Para 20)

[1] This is an appeal against the decision of the Court of Appeal which reversed the decision of the High Court after a full trial of the matter that arose out of a disputed registered land dealing.

[2] The dispute was about the competing claims on a same piece of land between two parties namely, the original registered owner of the land and a chargee bank, a subsequent holder of interest in the land, who were both affected by the fraud of a third party. The subject matter of the dispute between the two parties was whether or not a chargee bank, a subsequent holder of interest, was entitled to raise the shield of indefeasibility under s 340 of the National Land Code 1965 ("NLC").

[3] The appeal originated from an action commenced by the appellant (T Sivam a/l Tharamalingam as the administrator of the estate of the deceased Nagamuthu a/l Periasamy ["deceased"]) in the Muar High Court vide Civil Suit No: 22NCVC-78-10-2013 ("2013 Suit"). The a

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