COURT OF APPEAL PUTRAJAYA
HASSAN KADIR & ORS – Appellant
Versus
MOHAMED MOIDU MOHAMED & ANOR – Respondent
| Table of Content |
|---|
| 1. trusts in property ownership (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. application of s. 205 of national land code (Para 10 , 11 , 12 , 18) |
| 3. interpretation of land code provisions (Para 13 , 14 , 15 , 16 , 17) |
Appeal
[1] This is an appeal by the appellants (the defendants) against the decision of the learned judicial commissioner who had, after a full trial, allowed the respondents' (the plaintiffs') claim in part and ordered:
(1) that the defendants do hold the land comprised in GM 482 (previously known as EMR 381) Lot 261, in the mukim of Plentong, district of Johor Bahru (the land) subject to the constructive trusts created in favour of the plaintiffs to the extent of 21,000 square feet thereof (the said portion) pursuant to the execution of the Deed of Sale and Irrevocable Power of Attorney (the Deed) dated 7 October 1978; and
(2) that pursuant to s. 417 of the National Land Code 1965 , the Registrar of Titles or the Land Administrator, as the case may be, do cause an endorsement to be entered on the register document of title of the trusts aforesaid in favour of the defendants herein.
Factual Background
[2] By the deed, the plaintiffs purchase
Tan Ean Leng & Anor v. Pentadbir Tanah Daerah, Kuala Muda, Sungai Patani
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