Question
51.Mahmood is one of the director for Koperasi Penduduk Kg. Batu and was asked to purchase a piece of land in Gombak for Koperasi to
51.Mahmood is one of the director for Koperasi Penduduk Kg. Batu and was asked to purchase a piece of land in Gombak for Koperasi to built houses to be sold to interested members of the Koperasi. Mahmood managed to purchase a piece of land in Gombak at the price of RM500,000-00 from the owner. However Mahmood informed the Koperasi, with the knowledge of the owner, that the purchase price is RM750,000-00. The Koperasi paid RM750,000-00 to the owner who then paid Mahmood RM250,000-00. Subsequently, the payment made to Mahmood came to the knowledge of the Koperasi and the Koperasi seek your advice on the possibility of recovering RM250,000-00 from Mahmood.
Advice the Koperasi and support your answer with all relevant provisions of the Contract Act 1950 and decided cases.
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