The Eminence of Sleeping
Ewe Chin Leong
on behalf of The Estate of Ewe Kim Sum, deceased,
47A, School Lane,
11600 George Town,
December 4th. 2012
Attn. Mister. Tomis Peter Samat
Director of the Grievances Secretariat
Recommends & Solicitors Disciplinary Plank
8t" and 9th Floor
28 Medan Pasar
50050 Kuala Lumpur.
Complaint Number DB/12/7737
Grievance Against Messr. Gurunam Singh & Co.
Respondent: 1 ) Mr. Gurunam Singh s/o Joginder Singh
2 . Mister. Ganeson a/l Manickam Kumarasamy
Messrs Gurunam Singh & Co.
initial. Floor, Number 90 Lebuh Gereja,
------------------------------------------------------------------------------------------ Thank you for trying out my grievance and your answer dated 23/11/2012 together with the reply from the Respondents.
I consider the answer from the Respondents and I perform like to provide my respond as follows.
You will discover 5 details, which I choose to go through both equally Respondents. They may be:
I. Summary Judgement may not be given against any one with license to settle, i. at the. lessees, tenants, and including over-stayed renters as expressed out simply by our Federal government Judges. It was this point that the Respondents did not express out in both the stay and the charm. If they had expressed out that they willfully disregarded to do then this sitting all judges in the stay as well as the appeal might had observed the defect of the Overview Judgement. The Session Courtroom Judge got no require or specialist to give synopsis judgement against us based upon the point indicated out each of our Federal All judges. There would be an excellent chance which the sitting all judges declared the summary reasoning against all of us as a waste of time.
This relates to any buy whether it is underneath 89 to get the Substantial court or perhaps 26A intended for Session The courtroom applications for Summary Judgements.
II. The sworn transactions by the Plaintiffs that we were squatters was never used to attack for the creditability of their affidavits and statements. If the Respondents got expressed away then the resting judges probably would not look favourably to the plaintiffs' affidavits.
3. Ground Tenancy is shown to be a long term lease and see to Quit may not be used to evict leaseholders.
IV. National Land Code 1965
Section some Savings declares that pre-existing contracts remain valid. Section 206 (3) protects a ground tenant if his tenancy /lease was affected by any provisions of any earlier laws, for example his earth tenancy/ rent came into being while result of his premises getting legally approved by the local authorities.
V. Nationwide Land Code (Penang & Malacca Titles) Ac 1963
Section 79 Saving states " Nothing in section 77 or perhaps 78 will be construed while preventing any kind of unregistered tool from working as a agreement or as affecting the operation of any thinking or merit of virtually any Court. вЂќ Other Parts applicable are 36, thirty seven and 49. Under the old Straits Settlements' Conveyancing and Law of Property Code a last invoice would be good enough as evidence of a lease contract.
VI. The defective points raised inside my affidavits simply by Mr. Allen Choong with out my full knowledge as I was only given personal unsecured copies place me at a disadvantage. The main one was the so-claimed written agreement intended for the restoration lease. Actually Mr. Allen Choong recognized fully well that there was non-e because shown in his letter went out with It was agreed by the Respondents that statements and the premises No . 164 were good enough proof of a lease contract. We were supposed to state that the previous land owners did not registered the lease for the reason that NLC 65 recognises pre-existing contracts. Therefore the previous property owners would not prepare the contract in order not to break the law. Appropriately our lease should be depending on land law of the time in 1947 that ought to be Malayan Union Laws. This was why put forward them which our lease could possibly be 99 years or a perceptual one, 8888888888 years.
The Respondents choose to go through with me at night on the above points, both verbally in addition to written as shown during my attached characters (Letters)....