JUDGMENT

Abdul Hamid Omar FJ:

The appeal is against the decision of Anuar J dismissing the appellant's application for sale of land held under Grant for land Nos. 3735 and 3736 for Lots Nos. 7355 and 7356 respectively in the Township of Ipoh (`the said land') by public auction to realise all moneys due to the appellant (chargee) under Charge Presentation No. 1672/70 and 1673/70.

The facts not in dispute are carefully set out in the written judgment of the learned Judge. The 1st respondent Ngan Kim Yong (chargor) the registered proprietress of the said land executed two separate charges over the said land in favour of the appellant on 4 February 1970 and 10 March 1970 respectively to secure the repayment of two loans of RM90,000 and RM20,000 on 17 March 1971. Both charges were registered.

Notice in Form 16E under s. 255 of the National Land Code demanding payments of both loans was given on 17 February 1971. The chargor failed to comply with it. Thereupon the chargee applied for an order for sale of the said land and obtained an order in default of appearance. The order was however set aside upon successful application by the 2nd to 7th respondents (the respondents) that they be joi