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1969 MarsdenLR 309

AZMI, ALI, SUFFIAN
NANYANG DEVELOPMENT (1966) SDN BHD – Appellant
Versus
HOW SWEE POH – Respondent


Advocates:
For the appellant - Lim Kean Chye; M/s. Lim Cheng Ean Co. For the respondent - DS Nath; M/s. Nath & Co.

JUDGMENT

Azmi LP:

This is an appeal against the dismissal by the High Court of appellant's application for the removal of a caveat entered at the instance of the respondent, on the documents of title of certain lands of which the appellant was the proprietor.

The application was obviously taken under s. 327 and not under s. 326 of the National Land Code. If the application had been made under s. 326, the Registrar of Titles would then serve a notice of intended removal in Form 19C and remove the caveat at the expiry of the period of one month from the date of the notice unless, before the expiration of the period of one month the caveator has obtained an order of the Court to extend further the said period. Section 327 provides that any person or body aggrieved by the existence of a private caveat may, at any time apply to the Court for an order for its removal and the Court may make such order on the application as it may think just. It would be seen thats. 326 only refers to the power of the Court to extend the period for the removal of the caveat whereas s. 327 provides for power of the Court to make any order in reference to a caveat, which power, would include the power to or

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