JUDGMENT

Zulkefli Makinudin J:

This is an application by the applicant under s. 327 of the National Land Code ("the NLC") to set aside a caveat which has been lodged by the second respondent against the property of the first respondent and for a restraining order against the first respondent from dealing with the property. The said property is the land lot held under H.S.(D) 21590, PT 5381 Mukim Rawang, Daerah Gombak, Selangor ("the property").

Facts Of The Case

The relevant facts of the case are as follows:

(1) The applicant is the attorney of the first respondent vide a power of attorney ("PA") which was allegedly executed by the first respondent dated 18 July 1997. The genuineness of the contents of the PA is disputed by the first respondent. The first respondent alleged that she gave a PA to the applicant strictly for the purpose of assisting her in attending to the renting of the property to intending tenants.

(2) The first respondent had sold the property to the second respondent for the sum of RM130,000 on 10 December 1998. Upon making part payment in the sum of RM60,000, the second respondent lodged a private caveat against the property with the first respondent's consent.