Last month, a ruling by a High Court judge here favoured the defendants in a case characterized as a fraudulent attempt to force the sale of property for RM40 million instead of the offered RM60 million. In her January 22 judgment, Judge Datuk Azimah Omar repeatedly referred to Thevandran Ragavan, the principal of Thevan Realty, as a fraudster, using the term “Fraudulent Thevan” throughout her written statement.
Maragatham Karuppiah, posing as a lawyer and referred to as “Fraudulent Usha” in the judgment, was singled out for her role in the scheme to lower the selling price of a piece of land in Johor belonging to the prominent Puthucheary family.
According to the case's details laid down in Azimah’s judgment, Firwas Sdn Bhd, a family business, was incorporated by James Puthucheary and his brothers in 1983. The company, now under the ownership of James’ widow Mavis, Dominic Puthucheary, and the remaining estates of the deceased brothers, intended to sell its land in Johor in late 2017 and early 2018.
The scheme involved Thevan Realty's introduction to a prospective buyer, Siva Kumar Jeyapalan, who offered RM60 million for the property. However, negotiations orchestrated by Thevan and a fake lawyer, Usha, aimed to lower the price to RM40 million, despite Firwas's insistence on the higher amount.
Despite Firwas rejecting all attempts to finalize the sale at a lower price, the plaintiffs continued to push the fraudulent agreement. Fabricated evidence, including a falsified bank statement, was presented to support their claims of substantial payments towards the purchase.
In her verdict, Judge Azimah dismissed the plaintiffs’ claims, declaring them illegitimate and fraudulent. She held Siva, Thevan, and Usha accountable for their roles in the scheme, ordering the removal of the wrongful caveat on the property and awarding damages to Firwas.
Azimah also criticized the legal fraternity for failing to address fraudulent practitioners like Usha, urging all involved counsels to report such illegalities to the appropriate authorities.
Jasim, representing Firwas, expressed disappointment in the lack of action from professional bodies to address fraudulent activities within the legal fraternity. He emphasized the need for stricter measures to protect the public from scams perpetrated by individuals posing as legal professionals.
The trial, spanning 16 days from 2022 to mid-2023, took place at the Civil High Court in Kuala Lumpur before Judge Azimah, who was subsequently elevated to the Court of Appeal in January 2023. The judgment was released last month.
In a recent development, on February 5, 2024, the plaintiffs lost their application for a stay of execution.
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