The High Court here will hear on June 9 the Kelantan regent Tengku Muhammad Faris Sultan Ismail Petra's application to strike out his younger brother, Tengku Muhammad Fakhry's, suit over the beneficiary owner of a Bentley Brooklands car, costing S$706,880 (RM1.6 million).

Judicial commissioner Zabariah Yusof will hear the matter.

Senior assistant registrar Suzarika Sahak fixed the date in chambers today before lawyer P Vadivu, who mentioned on behalf of Tengku Muhammad Fakhry's counsel, Mohd Haaziq Pillay, and Idza Hajar Ahmad Idham, who represented Tengku Muhammad Faris.

Vadivu said the court ordered the parties to get their affidavits regularised by April 13.    

azlan On Sept 9 last year, Muhammad Fakhry filed an originating summons, which named the regent as the defendant, seeking, among others, a declaration that the blue car, with registration number DBG 1, which was purchased for him or for his or his father's disposal, was his.

He also sought a declaration that he had absolute entitlement to the car and that the detention of the car by Tengku Muhammad Faris was unlawful.

Muhammad Fakhry is also seeking a declaration that he was entitled to take back the car wherever it was or was found, and that Muhammad Faris, or his agent, was prevented from taking the car without his consent and knowledge.

Muhammad Fakhry, in his supporting affidavit, said all transactions pertaining to the sale and purchase of the car in September 2008 were made between him and the car dealer, Malayan Motors.

He said that on Sept 24, 2008, the car was delivered to the Kelantan sultan and registered under the sultan's name.

Car removed from KL condo

Muhammad Fakhry said that since its arrival in Kelantan, the car had at all times been in his exclusive possession for his use at Istana Mahkota, Kubang Kerian, Kota Bharu, and also at his residence at Dua Residency, Jalan Tun Razak, Kuala Lumpur.

He said that on July 18, 2009, while he was abroad, Muhammad Faris, through his agent or workers, and without his knowledge and permission, had taken the car away from his residence at Dua Residency to Istana Mahkota.

Muhammad Fakhry said he finally found out that the car was at Istana Telipot, Kota Bharu, the regent's official residence.

He also claimed that throughout the time he was using the car, the sultan had never objected to it and that Tengku Muhammad Faris had never used the car or claimed ownership of the vehicle.

He claimed that he was the beneficiary owner of the car and was entitled to use and possess it.

Muhammad Faris, in his application to strike out the suit, which was filed on Feb 11 this year, said that the suit was plain and obviously could not be defended because the purchaser of the car was the Kelantan sultan.

He said the receipt issued for the purchase of the car, as well as the registered owner was under the sultan's name.

The regent said Muhammad Fakhry had no power and legal rights to enter into any agreement on behalf of the sultan.

The declaration sought by Muhammad Fakhry that he was the beneficiary owner of the car should be made against the registered owner of the car, namely the sultan, he added.

- Bernama

KELANTAN ROYAL TUSSLE - WHO'S WHO

Kelantan sultan

Sultan Ismail Petra , who suffered a stroke last May and said to be incapacitated.

Raja Perempuan

Tengku Anis Tengku Abdul Hamid

Elia Suhana Ahmad (second wife). A divorce was filed on March 9 by the sultan through a third party.

Children

No 1 son: Tengku Muhammad Faris Petra (acting regent)

No 2 son: Tengku Muhammad Faiz Petra

No 3 son: Tengku Muhammad Fakhry Petra (he is challenging elder brother over succession and was expelled by Tengku Faris from the Council of Royal Succession. Muhammad Fakhry was last year embroiled in a controversy over the alleged abuse of his teen wife, Manohara Odelia Pinot)

Daughter: Tengku Amalin A'ishah Putri