KANTHARUBI A/P P. KRISHNAN v S.MANI A/P SANGALIMUTHU
Catchwords
1. This matter comes before the Court by way of an Originating Summons filed by the Plaintiff, Kantharubi a/p P Krishnan, who seeks, inter alia, the following reliefs: • That the Private Caveat registered by the Defendant on 31.03.2022 over the property known as GRN 301543, Lot 1502, Bandar Kundang, Mukim Rawang, Gombak, Selangor (“the Property”) be cancelled forthwith pursuant to section 327 of the National Land Code 1965 (“NLC”). • A declaration that the Plaintiff is the sole and rightful owner of the said Property by virtue of a Deed of Gift dated 13.02.1987, executed by the then-registered proprietors, Tan Chong Beng and Yeo Chooi Bow. • In the alternative, a declaration that the Plaintiff has valid legal rights to the Property under the said Deed of Gift, and that the Defendant holds no legal interest sufficient to justify the lodging of the Private Caveat. • Costs to be borne by the Defendant. 2. The Plaintiff asserts exclusive rights over the Property by virtue of the Deed of Gift, and challenges the validity of any competing claim or interest purportedly held by the Defendant. The Defendant, in contrast, maintains that her interest arises under a pre-existing Deed of Trust, and that the caveat serves to protect a legitimate beneficial interest. 3. At the heart of this dispute, then, lies what may be described, with some aptness, as “my Deed of Gift versus your Deed of Trust.”
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Judgment
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