Liew See Mooi v 1. ) PENGARAH TANAH DAN GALIAN SELANGOR 2. ) Tan Chin Fat

ba-22ncvc-121-03-2022 High Court (Mahkamah Tinggi) 26 March 2025 • BA-22NCvC-121-03/2022 • 19 min read
1 cases cited (0 SG, 1 foreign)

Catchwords

Suit 121 and Suit 184 heard together – LSM bought a piece of land from the owner of unqualified title – once final title issued, TCF was allotted the land in within LSM land - Whether the Land Office was negligent in issuing the final title inserting TCF plots (A-160) in between LSM's plot A-41 and Lau Chui Lian and Yap Chun plot (A-40, lot 25788) - I am of the opinion that the sale and purchase transaction does not automatically confer a registrable right to LSM - Under sections 89 and 340(1) of the NLC, every document of title must be registered to be conclusive evidence of ownership. At the time of the SAP, the final title has yet to be registered, and the land is still state land. Therefore, in view of having an indefeasible title, the SAP transaction does not confer such conclusiveness -In conclusion, I am of the view that the registration was obtained regularly under the NLC, and the Land Office was not negligent in issuing the final title to TCF. Considering the factual surroundings of this case, I find that the LSM had failed to establish her case against the Land Office and TCF in Suit 121 and therefore, Suit 121 is dismissed with costs - Consequently, I will allow TCF claim for vacant possession in suit 184 prayer (i) of the Statement of Claim, and damages consequent to that will be assessed separately. Suit 184 is allowed with cost.

Practice Areas

Land Law Tort

Judges (1)

Noor Hayati binti Haji Mat Delivered

Counsel (8)

Law Office of Mohanna & Co. Firm Pejabat Penasihat Undang-Undang Negeri Selangor Firm Yik Kum Pook & Associates Firm Gobinath Mohanna Counsel Defendant P. Taneswaran Counsel Defendant Paari Perumal Counsel Plaintiff Puthan Perumal Counsel Plaintiff Siti Radziah Binti Kamarudin Counsel Defendant

Parties (3)

PENGARAH TANAH DAN GALIAN SELANGOR Defendant Liew See Mooi Plaintiff Tan Chin Fat Defendant

Statutes Cited

Evidence Act
s 114(g)
National Land Code (Cap 828)

Cases Cited (1)

MY (1)
[2015] 8 CLJ 1173

Judgment

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Source: eJudgment (ba-22ncvc-121-03-2022)