JUDGMENT

Mohd. Azmi SCJ:

The appellant is one of the purchasers of new terrace houses in Semenyih, developed by Hew Brothers Holding Sdn. Bhd. (hereinafter referred to as "the company"), of which the respondent is the managing director. The land - the subject matter of the present dispute on which the house stands, is held under GM No. 422 [formerly HS(M) 1364A] No. PT 4022 Mukim of Semenyih. Due to the private caveat entered by the respondent on the said land, the appellant is prevented from registering the instrument of transfer as required under the National Land Code for the purpose of conveying the land title from the company to her. She therefore applies to the High Court for the removal of the caveat under s. 327 of the NLC. Her application by originating summons was dismissed on 10 August 1989. In the circumstances, the main issue for determination in this appeal is whether the learned Judge is correct in dismissing the application and thereby allows the caveat to continue. The value of the property being less than RM100,000 leave to appeal was granted by the learned Judge on 8 August 1990.

According to the appellant, on 30 March 1987 she purchased the property at the price