94-year-old loses legal battle to regain ancestral land in Raub

94-year-old loses legal battle to regain ancestral land in Raub

The Temerloh High Court rules that A Sandramadi was unable to prove her case on the balance of probabilities.

The land title held by A Sandramadi was issued in 1911, but the land office seized the property about 50 years ago, saying it was not valid.
PETALING JAYA:
A nonagenarian lost her six-year battle to reclaim ancestral land in a remote village in Raub, Pahang, today when the Temerloh High Court dismissed her suit on grounds of insufficient evidence.

Justice Roslan Mat said the Raub district land office’s records were determined to be true and correct, and A Sandramadi, 94, had not introduced any evidence to the contrary and could not prove her case on the balance of probabilities.

Roslan also ordered Sandramadi to pay RM10,000 in costs to the district land office registrar and the director of Pahang land and mines, the defendants in the action.

Lawyer R Kengadharan, who represented Sandramadi, said he has been instructed to file an appeal.

State assistant legal adviser Fathin Nadhirah Kasim appeared for the defendants.

Sandramadi first filed a suit in the High Court in 2019 to reclaim a 0.1ha parcel of land in Mukim Gali, Raub, but it was struck out following a preliminary objection by the defendant that the action was filed out of time.

However, the Court of Appeal allowed her appeal to reinstate the suit and sent the case back to the High Court for a trial.

The land title held by Sandramadi was issued in 1911, but the land office seized the property about 50 years ago, saying the title was not valid.

Sandramadi, who has 11 children, 20 grandchildren and 10 great-grandchildren, said her grandfather bought it using his hard-earned money working in estates, and it was given to her in 1970 by her brother, who was the trustee.

In an interview with FMT three years ago, her son, K Maheswaran, said although the land is small, it was of sentimental value to their family.

He said all his siblings tried their best to negotiate with the land authorities over the decades, but failed, leading them to seek legal redress.

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