Court of Appeal sets aside fraud, conspiracy findings in RM52.2m Johor land dispute

The Court of Appeal in Kuala Lumpur has overturned fraud and conspiracy findings against businessman J. Siva Kumar and property agent R Thevandran K. Ragavan (Thevan) in a dispute over a proposed RM52.2 million sale of a 22ha land tract in Johor. However, the three-judge panel confirmed the High Court's findings that no binding sale agreement was concluded and that Siva had wrongly filed a private caveat over the land.

The decision came after two consolidated appeals from the January 22, 2024 High Court ruling. The dispute centered around a 22.06ha agricultural tract owned by Firwas Sdn Bhd, which Firwas had previously sought to sell for RM60 million. The case began in 2017 when Thevan introduced Siva as a potential buyer. The negotiations ultimately fell through, and Firwas sold the land to another buyer for RM58 million.

The Court of Appeal set aside the fraud and conspiracy findings due to the High Court going beyond the pleaded case, but upheld the finding that Siva's caveat was wrongful. The court also ordered Siva and Ammsa Property Sdn Bhd to pay RM80,000 in costs for their appeal.