lOMoARcPSD|3381249

Rights and powers of state authority

Land law (Multimedia University)

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Rights and powers of state authority

Introduction
 S 5 NLC means all land in the State (including so much of the bed of any river,
and of the foreshore and bed of the sea, as is within the territories of the State or
the limits of territorial waters) other than-
a) alienated land;
b) reserved land;
c) mining land;
d) any land which, under the provisions of any law relating to forests (whether
passed before or after the commencement of this Act) is for the time being
reserved forest;
 State authority is defined in S5 as ruler or governor of the state as the case may be
 Chong Wooi Leong & ors v Lebby SB
 The politician promised tht the appellants would be given a TOL. However,
the politicians breached their promise.
 It was held that one who seeks remedy must come with clean hand. in this
case, the appellants were squatters and they should be punished under s425
and the state authority had never consent. The decision was upheld by the
COA as the politician are different from the state authority.
 Principle: all promised made in whatever manner by either the district officer,
village headman, elected representative or the like, indicating that the
occupants have a right to occupy or continue to occupy the land would fall
short the requirement of consent from the state authority.
 Hamdan Johan & ors v Felcra Bhd & ors and another case
 Under the NLC the state authority is defined as the ruler or governor of the
state, as the case may be. It follows that the state authority and the Menteri
Besar are not the same.
 Accordingly, in principle, the third defendant (Johor State Government) is
under no obligation to carry out what the Menteri Besar agreed to.
 The third defendant and the Menteri Besar are separate legal entities,
although the Menteri Besar formed part of the third defendant

Powers of disposal
 S 40 NLC provided that there is and shall be vested solely in the SA the entire
property in –
(1) All State land within the territories of the State
(2) All minerals and rock material within or upon any land in the State

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Lands which could be disposed

 Disposal is defined under s 5 NLC- disposal means any disposal of land made by
SA in the exercise of any powers conferred by s42 or of any of the corresponding
power conferred by any previous land law.
 S 41- Without prejudice to its powers and rights under any other written law for
the time being in force, the SA shall have
a) All the powers of disposal conferred by S42 with respect to-
i) Property vested in it under S40,
ii) Reserved land, and
iii) Mining land
Which powers shall be exercised in such manner to such extent as is
authorized by the provision of this Act, and not otherwise; and
b) All the rights in reversion and other similar rights conferred on it by S 46
 S 42(2) provide the method to dispose
 Alienation
 Permitting extraction
 Reservation
 Permitting use of airspace
 TOL

Ways of disposal
 S 42(1) provide that the SA have the power under this act
a. alienate the SL in accordance with the provision of s76
(b) to reserve the land and grant leases of reserved land in accordance with
the provision of chapter 1 of part 4
b. to permit of occupation of the SL, reserved land and mining land under
TOL issued in accordance with the provision of chapter 2 of part 4.
c. to permit the extraction and removal or rock material from any land, other
than reserved forest, in accordance with the provisions of chapter 3 of part
4.
d. to permit the use of air space on or above SL or reserved land or reserved
land in accordance with the provision of chapter 4 of part 4
 s42(2) provided that the SA shall not
 dispose any land for the purpose of mining
 permit the extraction or removal of rock material from any land for the
purpose of obtaining metal or mineral
 to dispose ant land for the purpose of the removal or forest produce
 to alienate the land do as to have effect of less than two fifth of a hectare of
land subject to the category “agriculture” or to any condition requiring its
use for any agricultural purpose being held by more than one person or
body, provided that the SA , may, under exceptional circumstances,

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alienate such land to more than one person or body notwithstanding that it
is less than 2/5 of a hectare.

To who the land may be disposed

 Section 43 provide that the land may be disposed to
- Natural person whom are not minor.
- Corporation
- Sovereign, governments, organization
- Bodies empowered to hold land under the law
 Section 433B states that the non-citizens and foreign companies may acquire land
only with approval of SA

Disposal by state authority

Alienation
 Section 5 defines alienation means to dispose of SL in perpetuity or for a term of
years, in consideration for payment of rent and otherwise in accordance with the
provisions of section 76 or when used in relation to the period of time before the
commencement of this act, to dispose of the state land in perpetuity or for a term
of years under a previous land law.
 Alienated land means the land (including any parcel of a subdivided building) in
respect of which a registered title for the time being subsists, whether final or
qualified, whether perpetuity or for a term and whether granted by SA under this
act or in exercise of powers conferred by any previous land law but does not
include mining land.
 Philip Haolim Jr v the state commissioner, Penang
 The appellant had sought a declaration in the High Court that the National
Land Code (Penang and Malacca) Order, 1965 and the State Orders imposing
or revising rent on certain lands were null, void and of no effect and contrary
to the Constitution. Ong Hock Sim J. (as he then was) stated a case for the
opinion of the Federal Court and the Federal Court answered the questions
put in the case and ordered that the motion for the declaration be dismissed.
in effect the Federal Court held that it was competent for the State authority
in Penang to issue the orders under the National Land Code, 1965, in order to
impose or increase rents. The appellants appealed and at the hearing before
the Privy Council it was sought to argue that the orders of the State Authority
operated a compulsory acquisition of property without compensation in
breach of Article 13(2) of the Constitution. The question in this appeal is
whether the State Authority of the State of Penang have, as they have by
legislation purported to do, validly subjected the holding to a payment of quit
rent at the rate prescribed

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 Court held that by section 5 it is provided that any land in respect of which a
registered title for the time being subsists, whether granted by the State
Authority under this Act or in the exercise of powers conferred by any
previous land law, is to be described as "alienated land". Power is given to
the State Authority by sections 101 and 102 to fix rents in respect of lands
alienated before the commencement of the Act and to revise periodically
rents payable in respect of alienated land. Thus so far the effect of the
assimilation of land tenures would have apparently been to subject old fee
simple holdings in Penang, now held under grants first grade, to the power of
the States to extract rents in respect of them
 S76 provided that the alienation of State land under this Act shall consist of
disposal by the SA-

(a) For a term not exceeding 99 years;

(aa) in perpetuity-

(i)in consideration of the payment of an annual rent;

(ii)in consideration of the payment of a premium;

(iii)Subject to a category of land use; and

(iv) Subject to such conditions and restrictions in interest as may be imposed by

the SA

Title which maybe alienated

 S77(1) provided that the title that may be alienated under this act is
(a) Registry title and land office (being the form of final title)
(b) Qualified title
 S77(2) state that the land maybe alienated under qualified title at any time after its
alienation has been approved by the SA but may not be alienated as Final title unless
it has been surveyed under s396 or having been surveyed by previous land law.
Period of alienation
 S76 provided that the land may be alienated in perpetuity or for a term not
exceeding 99 years
 in perpetuity (freehold land) in cases where:
i) SA is satisfied that the land is to be used for public purposes
ii) Land alienated to the federal govt/public authority
iii) SA is satisfied that there are special circumstances which render it
appropriate to do so

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How alienation is effected

 S78(1) final title shall be effected in accordance with provisions of chapter 3
 S78(2) qualified title shall be effected in accordance with provisions of chapter 2
part 11
When is the alienation effected?
 S78(3) provided that Alienation takes effect upon registration of a register document
of title, and not upon approval of the State Authority. Land shall remain state land
until registration.
 Dr Ti Teow Siew & ors v Pendaftar Geran- Geran Tanah Negeri Selangor
 the principle of this case is that the alienation of state land shall take effect
upon the registration of a registered document of title by virtue of section
78(3) and notwithstanding that its alienation has been approved by the state
authority , the State Land remain that time.
 North East Plantations Sdn. Bhd. v Pentadbir Tanah Daerah Dungun & Anor
 Held: Alienation of State Land takes effect upon registration

Payment of land revenue

 S81(1) – ITEMS PAYABLE UPON APPROVAL
a) First year’s rent
b) Premium
c) Survey fees
d) Fees for preparation of title
 Section 81 (2) - LA will send notice in Form 5A to the intended proprietor that land
revenue is due. If any sum is not so paid within the specified time, the approval of
SA to the alienated land shall lapse.
 Teh Bee v K Maruthamuthu
 The appellant claimed possession of a vacant possession of a piece of land of
which she was the registered proprietress from the respondent. Resp claimed that
the qualified title held by appellant was null and void as the approval from the SA
for the alienation of the land to the appellant had lapsed under S81(2) by reason of
the appellant’s failure to pay the revenue within the specified time to the SA.
 At the HC, Ajaib Singh J held that appellant do not have the rights over the land
as S81(2) was a mandatory provision and failure to do so will render the
alienation to be null and void. SA also acted ultra vires by allowing the alienation
even though appellant failed to pay the stipulated amount within the time period.
 Issue – whether appellant’s title is defeasible because the provision was not
followed?
 FC Held - S81(2) – allows the state to alienate the land to someone else in case
the approved applicant for alienation does not pay up under S81(1). It was not
intended to impose any restriction on the SA. Appellant is the only applicant for
the said land and SA does not have the intention to give the land to someone else.
Besides, the appellant had already registered the title and under the Torrens

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system, registration is everything. Appellant’s title is valid and the respondent

must deliver vacant possession to the land.

Conclusiveness of the RDT

 S 88 NLC – Registration of RDT
 S 89 NLC – Conclusiveness of RDT
 S 92 NLC – Indefeasibility of the title
 Teh Bee v K Maruthamuthu
 The appellant had already registered the title and under the Torrens system,
registration is everything. Appellant’s title is valid and the respondent must
deliver vacant possession to the land. (Case previously discussed)
 Tan Chiw Thoo v Tan Kim Kuay
 Two documents of title were issued for the same piece of land ('the lot'). The
first title holder ('the respondent') was issued a document of title of the lot
registered in September 1968 while the second title holder ('the appellant') was
issued with another document of title for the lot in December 1972. The
respondent claimed to be the registered owner of the lot alleging that the
appellant had been in unlawful occupation of the lot. The appellant contended
that he was the lawful owner by virtue of the document of title for the lot
having been issued to him.
 HELD: The document of title of the appellant was void as against the
respondent. The alienation of the lot which was state land had taken effect
upon registration of the register of document of title to the respondent in
September 1968. Such indefeasibility could only be defeated by any of the
specified grounds under s 340 of the NLC or any grounds of equity. in this
case, no such ground existed. On another alternatively sufficient ground, apart
from indefeasibility of title, it was void also as a document of title to land and
therefore against the respondent also, because the lot could not be alienated by
the state authority since it was no longer State land

Effect of alienation
 Tan Chiw Thoo v Tan Kim Kuay
 The alienated land ceased to be state land, to alienate it again in favor of a
different person tantamount to a failure to observe the mandatory statutory
provisions of NLC which renders the document of title of the second title
holder void.
 Glen Waverley Sdn Bhd v Pengarah Tanah dan Galian Negeri Selangor &
Anor
 Once a land is alienated, then it can only be reverted to state in accordance
with the law. Deprivation of ownership of land not in accordance with law
in a nullity and void.

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Appeal under s418

 S418 provided that any aggrieved person or body can appeal to courtat any time
within the period of 3 months beginning from that date it was communicated.
 Sykt Perusahaan Seri Connolly Sdn Bhd v Pengarah Tanah dan Galian,
Negeri Perak & Anor
 Section 80(3) merely imposes a perfunctory duty to prepare, register and issue
the title on the registrar after the state authority has alienated the land and all
the requisite fees have been paid. His refusal

Temporary occupation of land

Nature and form
 TOL is defined in s5 as a license issued under Chapter 2 Part 4.

Land which TOL may be issued

 S65(1) NLC SA may permit the TOL under of
- State land
-mining land (at the time not used for mining)
-reserved land (at the time not used for the purposes for which it is reserved)
 Person or body that may be issues with TOL
- S43 NLC
 Natural person not minor
 Corporation
 Sovereign, governments, organization
 Bodies empowered to hold land under the law
- Foreign company (s433B)
 Foreign citizen and company may acquire land through the approval od
SA.
Issue of TOL
 S66 provide that which party may issue TOL.
- State land, Land Administrator may issue
- Mining land, Land Administrator may issue with the approval of Director of
Mines and body for the time being entitled to benefit of the mining lease of
certificate in question
- Reserved land, land administrator acting with the approval of the officer
having control
- S67(4) provide that all TOL shall apply with Form 4A except the ones in
section 69 and when it comes to renewal, it shall be endorsed with a note of
such renewal and the date of its intended expiry
 S68A provide that the SA shall require the body or person to whom it issued to
deposit with him such sum he may considered reasonable as security.

Purpose
 S 65(2) - purpose other than one prohibited by sub-section (2) of section 42

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 S 69 provided that TOL may be issued to include the extraction and removal of
any rock material, the license shall be in Form 4B and may be issued for a
maximum term not exceeding 5 years.
 Form 4A para 4 provide that:-
 The land under license may not be used-
(a) for any purpose other than that stated above;
(b) for the planting of permanent crops;
(c) for the erection of any permanent building or other permanent structure
 Mohamed v Kunji Mohidin
 PF was the holder of a TOL giving him the right to occupy the land and pluck
coconuts from trees on the land. Defendant was subsequently given a TOL in
respect of the land for the purpose of rearing poultry. This was an appeal
against the judgment of the HC where the PF brought an action against DF
and was awarded $2000 damages.
 It was held that the RP was only entitled to a loss income from the coconut
trees as the license was given for the purpose to pluck coconuts only so the
amount of damages were reduced.
Duration
 S 67(1) NLC – “expiring not later than the end of the calendar year in which it
commences, and subject to sub-section (3) may be renewed annually”
 S 67(3) NLC) – “renew for a term of not more than one calendar year’
 PROVISO of s67(3) provide that there shall not be more than three renewals-
except for the approval of the SA)
 Proviso of s67(1) provide that TOL for the purpose of public exhibition or
entertainment may be issued for such other term as may be appropriate in the
circumstances
 S69(1)(b) issued for maximum term not exceeding five years, or such greater
number of years as may be prescribed

Land administrator has no duty to renew TOL

 Teh Bee v K Maruthamuthu:

 TOL can be renewed annually but there is no obligation on the part of SA to
do so
Backdated TOL
 Ibrahim Idrus v Lee Yu Mei
 Appellant contended that the Magistrate could not have made the order
because at the time of the order the TOL had already expired and that there
was no basis for the order
 Held: The respondent could have applied to renew the TOL but she had not
done so it for one of two reasons, either because the TOL was held as an
exhibit or because of the assurance given by the Assistant District Officer that

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it would be renewed and back-dated. in either case it is unfair and unjust that
the respondent should be deprived of the fruits of her judgment merely
because of the action of others for which she would not be held responsible

Rights and restriction of TOL

 TOL confers non-proprietory rights
 No right to sell/transfer/transmit upon death/anything that amounts to an
assignment of the TOL holder’s right and interest under the TOL – S 68
 TOL is personal to the holder
 TOL holder may enjoy other rights which do not amount to a transfer
 Has the right to possession of the land, therefore the right to sue for trespass.
 Has the right to grant tenancy.

Exclusive possessory and non-proprietary

 Julaika Bivi v Mydin

 TOL holder can sue for trespass. When the old TOL has been cancelled and a
new TOL has been issued to a new holder, then the tenant under old TOL
when refused to get out will become a trespasser
 Mohamed v Kunji Mohidin
 2 TOLs were issued in respect of the same land. Held – the app and resp share
possession of the land.
No assignment of TOL

 Section 68 provided a TOL shall not be capable of assignment; and every such
licence shall, except as provided in S 416, terminate on the death of the person, or
dissolution of the body, for the time being entitled to the benefit thereof
 Paruvathy v Krishnan
 Gave “equal shares in the land” to two other people. Contravenes S 68 making
it null and void.
 Hee Cheng v Krishnan
 The plaintiff claimed specific performance or alternatively for damage for a
breach of contract entered into between him and the defendant for the purchase
of a house built upon a piece of state land held under TOL.
 It was held that the holder of TOL not allowed to assign, so alleged contract
was in fact attempt to sell and to purchase the defendant’s right under TOL was
void or unlawful.
 Narayanan v Kannamah
 Appellant’s father executed a gift to transfer house to the respondent.
Appellant continued to occupy. Respondent issued notice to quit.
 Even if the respondent's father held TOL on the land, the license was
temporary and not transferable upon the death

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 Murugesan v Krishnasamy & Anor

 Defendants then entered into an agreement with the plaintiff. The plaintiff later
claimed the return of the money as the contract had become impossible of
performance.
 The defendants pleaded that as the agreements were attempts to sell and
purchase rights under TOL and were therefore unlawful the contract was void
for illegality and the loss must fall where it lies.
 Held: The promises was an attempt to transfer to him at least a part of the
vendors' rights under the TOL and was therefore void
 Cheo Lean How v Fock Fong Looi
 contrast with others
 The holder of the TOL,Too Sun did not sell the dwelling house erected on
the state land held under the temporary license to Loke Seng. It was
Chung Seng, his friend who sold the building to Loke Seng. Too Sun
merely signed as witness and he was not the party to transaction..
 The TOL holder was not the person who sold the house, the court held that
the sale agreement was not in breach of the law.

Termination of TOL upon death

 S68
 Pappo v Veeriah
 “a TOL is exactly what the name implies. It is a license to occupy State land and
nothing more... license is personal to the holder; it dies with the holder”
 Fatimah v Moideen Kutty
 Resp occupied the land which originally belonged to App’s husband who later
died. The Collector of the Land Revenue refused to renew the license. App as
administratix claimed rent in respect from the resp after she stopped paying.
 Issue- Whether TOL is able to be passed to descendant after death?
 Held: When her husband died, the TOL never formed part of his estate, thus as
administratix she has no standing regards to the land. App cannot say that due to
the resp continuing to pay rent after death of her husband means she was
recognized as the land owner
 Mohammed Said v Fatimah
 A was the holder of a TOL.
 He brought an action for trespass against B when his license had expired.
 Held: At the time of action A had no right to the possession of the land (due to
expiry of the license and not renewed) and therefore could not institute an action
for trespass against B
Sales of house built on TOL land

 Hee Cheng v Krishnan

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 PF claimed specific performance or alternatively for damages for a breach

of contract entered into between him and the DF for the purchase of a house
built upon a piece of State land held under a temporary occupation license.
 Held: alleged contract was in fact an attempt to sell and to purchase DF’s
rights under the TOL and was therefore unlawful
 A sale of house erected on TOL land is in fact an attempt to sell the license
 (cf) Cheo Lean How v Fock Fong Looi
 TOL holder not the person who sold the house, court held that the sale
agreement was not in breach of the law.
Tenancy of house built on TOL land

 Govindaraju v Krishnan
 TOL holder rented out 2 rooms. Later, he terminated the tenancy. Tenants
refused to leave the premises. Tenants argued that the tenancy was void
because he was a mere licensee.
 Issue: Whether the letting of the rooms on a tenancy amounted to a transfer
 Court held that tenancy did not amount to a transfer of his rights under TOL
Agreement of lease of Klins on TOL land

 Tan Bok Seong v Sin Bee Seng & Co (Port Weld) Sdn. Bhd
 Defendants agreed to lease kiln to Plaintiff.
 Held: A lease of kilns built on TOL land should not be regarded as an
attempt to transfer the company's rights and interests under the TOL to the
plaintiff. The Defendant merely leases the kilns to the plaintiff and not the
TOL.
Application of equitable estoppel against TOL holder
 Paruvathy v Krishnan
 The principle of equitable estoppel can in a proper case be invoked against
the holder of a TOL
Rights over authorized structure/crops on TOL land
 PP v Chin Keow
 Pappo v Veeriah
No Right to compensation against a subsequent TOL holder
 Teh Bee v K Maruthamuthu
 in no circumstances can an occupier of land on TOL acquire a right to be
compensated by a subsequent holder of a TOL

Cancellation of TOL
 The TOL can be cancelled under Form 4A para 5

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 This licence may be cancelled

(a) Immediately and without payment of compensation, upon the breach of any
provision to which it is subjected.
(b) Upon payment of compensation at any time before date of expiry.

Reservation of land
Lease of reserved land

(a) Reservation of state land

 S5 defined reserved land as land for the time being reserved for a public purpose in
accordance with the provisions of section 62 or of any previous land law;
 S62(1) provide that the SA may by notification in Gazette reserve any State Land for
public purpose.
 S62(4) provided that reserved land shall not be disposed by the state authority except
to the extent permitted and in accordance to s63
(b) Revocation of reservation for public purpose
 S64(1) provides that that the reservation of land for public purpose may be revoked by
SA at any time either as respect of the whole of the land or as respect of any part of the
land
 Government of the state of Negeri Sembilan & Anor v Yap Chong Lan
 the respondent were relocated to the disputed lots for resettlement when their
land had been acquired by the state government. they were allowed to build
houses on the land.
 Despite having submitted application for the state land in that area, they were
given no title and later the land occupied were alienated to Lesco for a term of 99
years.
 The land is to be developed as housing estate. Lesco had made an offer to made
compensations but the respondent refused to move and instituted proceeding
against the appellants.
 Issue is whether the alienation of the reserved land to Lesco is void?
 S64(2) must be compiled with before revocation of the reserved land can take
effect. Alienation of land as explained in s76 applies only to state land and from
s42, it can be inferred that state land exclude reserved land. Thus reservation of
the land must be revoked before it can be alienated.
(c) SA power to lease reserved land
 S 63NLC & form 4E provides that SA may grant leases of the whole or any part not
exceeding 21 years. Lease granted under this section shall be in Form 4E and shall be
subject to such express condition or other provisions as may be contained therein and,
so far as not inconsistent therewith to any other conditions/provisions which may be
prescribed.
 S64(4) provide that the lease subsisting at the time reservation is revoked shall
continue in force notwithstanding the revocation

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Removal of rock material

Permit for extraction, transportation and removal of rock material
General
 S5 defined rock material as
 S70 provide that SA may permit the extract, remove and transport the rock materials
from any State land, alienated land, reserved land and mining land.
 S 71(1) - Consent from the relevant people are required
o State land obtain consent from SA
o Alienated land obtain consent by LA from proprietor of land with the consent of
the proprietor.
o Mining land by the LA acting on behalf of the director of Mines
o Reserved land by LA acting with approval of the officer having in control.
Duration
 S72(1) provide that permit to extract, remove and transport the rock materials
shall be issued for a term expiring not later that end of the calendar year in which
it commences and shall terminate at the expiry of the term even though the total
quantity of rock material specified therein has not been extracted, removed and
transported

Nature of rights
 S 73 provide that the permits are not capable of assignment
 Marble Terrazo Industries Sdn Bhd v Anggaran Enterprise Sdn Bhd
 Oral permission by DF2 & D3 was said to be given for PF to extract rock
materials from the said land subject to the certain conditions. However, no
written agreement was signed due to dispute concerning terms to be included
in the contract. As the PF is wary that the DFs will dispose of the said land or
permit other people to enter upon the said land, the PF applied for an interim
injunction and the court granted an interim injunction so as to restrain the DFs
from permitting any person other than the PF or its agents from entering,
working or extracting rock materials from the said land until final disposal of
this suit or further order. The DFs applied for the order dated 8 April 1988 to
be set aside.
 DF's application was allowed by the court since after considering the
conditions in the permit in this case, provisions of law, s 73 of the NLC 1965
and s 24 CA 1950 and case authorities, the permit issued to D1 cannot be
transferred and any attempt to transfer its rights thereunder is illegal and the
agreement for that purpose is void

Effect on condition

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 S75 provide that doing the act that has been authorized by the permit shall not be
taken as breach of contract.

Permit to use airspace above state land and reserved

land
General
 S75A provide that the SA has the power to approve the permit for a period of 21
years for the purpose of erecting, maintaining and occupying a structure on state
land/ reserved land or over state land/ reserved land.
 Proviso of S75A: in case involving reserved land, consent must be obtained from
officers in control of the state land.
 S75B- all application of permit under S75A shall be in such form as prescribed
and shall be addressed to the LA and accompanied by
- Fees
- Details of structures to be erected and maintained and a plan approved by the
planning authority (s5)
- If the case involved with reserved land, then the consent letter from the officer
must be obtained.
 S75F provide that SA if thinks fit may direct LA to require the person to whom it
is to be issued to deposit such sum for the due performance and observance of the
provisions to which the permit is subjected.
Duration
 S75A provide that the SA has the power to approve the permit for a period of 21
years.
Forms and condition
 S75C provided that upon the approval of application, LA authorized by SA shall
issue on behalf the SA permit in Form 4B
 S75D provide that every permit issued under s75A shall be subject to:
- Annual payment as may be determined by SA
- Terms and condition as may be specified
Assignment of permit
 Permit under this chapter shall not be capable of assignment except with prior
consent of SA.
Cancellation
 S75G(1) provide that permit issued may be cancelled by SA immediately or at
any time after the occurrence of breach of any rules, terms and condition to which
it is subject without payment of any compensation and the deposit or security
furnished under s75F will be forfeited.

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 S75G(2) provided that the permit issued may be cancelled by the SA at its
discretion at any time before the date of expiry when there is no breach, shall be
compensated as may be agreed or determined
.

Disposal of underground land

 S92A-s92I

No adverse possession
General
 S48 states that no title to SL shall be acquired by possession, unlawful
occupation or occupation under any licence for any period whatsoever.
 S425 provides that any person without lawful authority occupies, erect any
building on SL, reserved land or mining land shall be guilty of an offence and
liable on conviction to a fine not exceeding Rm 500000 or imprisonment for a
term not exceeding 5 years or both
 S341 provided that thereis no time limit to bring action for the recovery of
property.
 Government of the state of Negeri Sembilan & Anor v Yap Chong Lan
 The collector had no power to bind the state authority in making the
commitment which had been made. It was held that the state authority
which had power to alienate land. Therefore he took the view that the
collector had no authority to give the assurance that was given.
 Section 48 prescribed that no title to state land shall be acquired by
possession, unlawful occupation or occupation under any license for any
period whatsoever.
 Section 78(3) provided that the alienation of the state land shall take effect
on the registration of a register document of title.
 As the Lesco development had been alienated the land, they were the
rightfully entitled to the ownership and consequential rights
 Sidek bin Haji Muhhamad & ors v Gov of the state of Perak
 The appellants came to Perak and opened up a jungle area in Kg Gajah.
The other settlers also settled in that area
 The government resettled some settlors to the land that appellants were
occupying.
 The appellants were given the notice to vacate the land.
 The appellant claimed that they were entitled in law and equity to be in
possession of the land that they pioneered and occupied
 The court held that the appellants had no cause of action against
respondents as they were squatters who has no right at all in law and
equity.

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 Principle: the title of the state land can only be acquired by way of
alienation and no other ways and such alienation must be affected in
accordance with the provisions laid down in relevant statues only. .
 Tetuan Tokoyaki Property Sdn. Bhd. v Sam Kok Sang
 The plaintiff applied to recover their land and possession which was
occupied by the 1st and 2nd defendant and other occupiers without tiher
permission.
 The plaintiffs had obtained judgment against the 2nd and 3rd defendant by
default as they were absent.
 The 1st defendant contended that he had right to remain on the Lot as the
owner as he had applied for a housing lot and was directed to complete the
form only in 1989, he has been paying assessment for his house to Majlis
Perbandaran Taiping since 1984 and was surprised when he was informed
that the plaintiff have been given title to the said lot in 1999. He also
contented he was provided with the supply of water, electricity and litter
bins
 Issues: whether the 1st defendant has a right in law and in equity to remain
on the lot
 Held: merely submitting or applying to the SA for a piece of land which
the first defendant was occupying does not either impliedly or expressly
grant a license, consent or permission from the SA for the 1 st defendant to
live or to continue to live on the said lot
 An illegal squatter has no right in law or equity to enable him to claim a
right to live on the lot as the plaintiffs were the register proprietor and has
every right to evict the defendants by summary procedure. Merely erecting
buildings unlawfully on plaintiffs’ land and occupying it is not sufficient
to create any right or equity against the rightful owner who is protected by
the title.

Reversion
General
 S46 provided the circumstance of the reversion of the land
- Alienated land will revert to the SA under several circumstances
a) Upon the expiry of the term- s46(1)(a)
b) Upon the publication in the Gazette of forfeiture for non-payment of
rent or breach of condition- s46(1)(b)
c) Death of a proprietor without successors, and the abandonment of title
by proprietors; and – s46(1)(c)
d) Upon the surrender of land by the proprietor s46(1)(d)
 Koperasi Kasuma (M) Sdn. Bhd. v Pengarah Tanah dan Galian Negeri
Selangor
 The propriety interest is reverted back together with the land to the SA

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 S351(1) provide that when the land is reverted back to the SA when the SA are
satisfied that the proprietor of the alienated land had died and are satisfied that
there is no successors, may make ot cause to be made an endorsement to that
effect on the RDT to the land
 S352(1) provides that when the SA are satisfied that the proprietor of the
alienated land held under land officer title is not in effective occupation of the
land and has for the past 7 years, done no act or thing evidencing his title, the SA
shall make endorsement on the RDT to the land to effect that the proprietor
appears to have abandon his title.
 S49 provided that when the shoreline or bed of river encroached, the area affected
by the encroachment shall cease to form part of the land and shall become state
land but when there is retreat of the shoreline or bed of any river, the boundaries
if the alienated land shall not be affected by the retreat.
Effect of reversion
S47
(1) Vest in SA all buildings of the land (by whomsoever erected) other than any of
temporary construction and capable of removal
(2) No compensation shall be payable by SA in respect of any building vesting in it

Surrender of title
 S195 (1) provide that the proprietor of the alienated land may with the approval of
the State Director or Land administrator surrender the land to the SA the whole or
part thereof.
 S195(2) provide that the approval required by (1) shall be given
- By state director in case of land held under Registry Title or the form of
qualified title corresponding to Registry title.
- By land administrator in case where land held under Land Office title or in
a form of qualified title corresponding to Land Office title.
 S196 provide the condition for approval of surrender.
- no item of land revenue is outstanding
- the land will not cause or create liabilities to the SA
- land is not under attachment of court
- obtained consent from the person/ body in s198(2)
Surrender the land as a whole
 s197(1) application for approval by proprietor wishing to surrender the land shall
be made in writing to LA in Form 12A and shall be accompanied by
- fees prescribed
- written consent to the making thereof as are required under s196(1)(c)

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- issue of document of title to the land unless the proprietor alleges that it is
impossible to produce
 s197(2) when the proprietor is unable to produce the IDT because it is in the hand
of the chargee or lien-holder, the application shall include instead of the copy of
request by the proprietor, served on the chargee/lien-holder for the production of
document at the land office within 14 days
 s197(3) upon the receipt of application, LA shall endorse or cause to be endorse a
note on the register document of title to the land.
 S198(1) where any application under s197(1) relates to land the surrender requires
the approval of state director, the LA shall refer the application to him together
with a statement whether any item of land revenue is then outstanding in respect
the land.
 S198 (2) if the condition under s196(1) are satisfied, SA shall approve the
surrender.
 S198(3) in any other case, the LA or as the case may be, State Director shall reject
the application.
 S198(4) on approving or being informed by State Director that he has approved
the surrender, the LA shall
- notify the proprietor
- make or cause to be made a memorial of surrender on the RDT
 S198(5) on rejecting or being informed by State Director that he had rejected, the
application, the LA shall
- Notify the proprietor
- Cancel or cause to be cancelled, the note endorsed on the RDT pursuant
to s197(3)
 S199(1) provide that upon the making of memorial pursuant to s198(4), the land
shall revert to and vest in the SA as State Land and the provision of s131 shall
apply as if the land has reverted pursuant to forfeiture.
 S199(2) the IDT of the land reverted shall be destroyed and accordingly if in a
case falling within s197(2) that the document is not produced pursuant to the
request therein referred to, its production shall be demanded under s15

Surrender part of the land

 S200(1) any application for the approval by the proprietor wishing to surrender
part of the land comprised in his title shall be made in writing to the LA in Form
12B and shall be accompanied by
- Fees prescribed
- Plan showing the details the proposal, together with such number of copies
thereof as may be prescribed or in the absence of any such prescription as
the LA may be required

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- Written consent to the making of the application as are required under

s196(1)(c)
- IDT to the land
 S200(2) Upon receiving the application, LA shall endorse or cause to be endorse,
a note on the RDT to the land.
 S200(3) provided that an application may be made without the IDT if that
document is in the hands of the chargee or has been deposited with any person as
security for a loan but in this case, the application shall be accompanied instead of
a copy of request by the proprietor, served on the person under s244(2) or as the
case may be s281(4), for the production of the document at the land office within
14 days
 S201(1) where the application under s201(1) relates to the land the surrender of
which requires the approval of the State Director, the LA shall refer the
application to him, together with his recommendation thereon.
 S201(2) State Director shall approve the surrender if he is satisfied
- the condition specified in s196(1) are fulfilled
- approval ought not to be withheld on the grounds specified in subsection 3
of that section.
 S201(3) in any case, the LA or as the case may be State Director may reject the
application
 S201(4) on approving or being informed by the state director tht he has approved,
the surrender, the LA shall
- Revise the rent payable to the proprietor
- Notify proprietor of the approval and revise rent
- Make or cause to be made a memorial of surrender on RDT and IDT
 S201(5) on rejecting or being informed by the State director that he has rejected
the surrender, the LA shall
- Notify the proprietor
- Cancel or cause to be cancelled the note endorsed on the RDT pursuant to
s200(2)
 S202(1) – upon the making of the memorial pursuant to s201(4), the state land
shall revert and vest in the SA as state land. The provisions of s131(a)& (b) hsll
apply as if part had reverted pursuant to forfeiture.
 S202(2) the rent shall be made payable to the proprietor from the beginning of the
calendar year first commencing after the date which the memorial is made.
 S202(3) as soon as after the making of the memorial, the part of the land held by
proprietor shall be re-surveyed accordance with s396 and on completion of
survey:-
- Registrar or LA shall issue title in continuation to the part of the part
retained as if he were issuing the title in continuation as a whole.
- The said revised rent shall be recalculated by reference to the actual area
of the part as established by the survey

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 S202(4) the part retained by the proprietor is held under the qualified title, the
registrar or LA shall correct the boundaries shown on the RDT and IDT(if it exist
in the proprietor’s hand)
Surrender and re-alienation
 S203(1) the LA under special circumstances may approve the surrender of any 2
or more contiguous lots owned by the same proprietor under Land Office Title on
the terms that the land comprised therein be immediately re-alienated to the
proprietor in different units, each less than 4 hectares and each under the form of
qualified title corresponding to Land Office Title
 S203(2)- the said circumstances are;
- Lot is question are all situated in the same mukim, town or village
- No dissimilarity exists between any of the lots as respects the period for
which they are held, the rates at which rent is payable, or the category of
land use, condition and restriction in interest to which they are subjected
- The combined area of lots exceeds 4 hectares
- None of the lot is subject to any registered interest or tenancy exempt from
registration protected by endorsement on the RDT
 S203(3)-Any proprietor who wishes to apply shall apply in Form 12c and s197-
s199 shall apply to the application subject to modifications specified in
subsection(4) and to such other modification as may be necessary.
 S203(4) the modifications are:
- Matters to be sent with application shall include plan showing the details
of the existing lots and the proposed new units, together with such number
of copies thereof as may be prescribed or in the absence of prescription,
the LA may require
- LA shall not approve the application unless he is satisfied not only
conditions in s203(1), (2)(b) and (d) and s196(3) are fulfilled but also
circumstances stated in subsection (2) and the area of each of the proposed
new units is less than 4 hectares.
 S204(1)- when the application of surrender has been approved in the
circumstances under s203, document of qualified title in the form corresponding
to land office title shall be registered in respect of each of the proposed new unit
immediately after making of the memorial of the surrender required under
s198(4).
 S204(2)- the document shall state that it relates to land re-alienated on surrender
and shall specify the date on which the land was first alienated, the title number(s)
originally allotted and (if different), the title number(s) uner which it was held
immediately before the surrender took effect.
 S204(3) the rent payable in respect of any land re-alienanted on surrender shall be
calculated by reference to the rate at which rent was formerly payable in respect
thereof and the area thereof as estimated for the purpose of the application for
surrender.

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Forfeiture
General
 It is a power of the SA to take back alienated land form the registered proprietor
due to either the non-payment of rent or breach of condition.
Grounds of forfeiture
 There are 2 grounds which land may be forfeited
(1) s100 non payment of rent
(2) s127(1) breach of condition
Forfeiture for non-payment
(d) Time of Payment of Rent
 s94(1)- the rent is due the beginning of the calendar year
 s94(2)- the rent payable shall fall due on the first day of the of that year and if not
sooner paid shall be treated as becoming arrear on the first day of June.
(e) Time When Rent in Arrear
 S94(2)- the rent payable shall fall due on the first day of the of that year and if
not sooner paid shall be treated as becoming arrear on the first day of June.
(f) Actions to Be Taken By SA For Rent in Arrear
 S97(1) provided when the rent in arrear the LA will serve notice of demand in
Form 6A to the registered proprietor.
 S97(2)- a note of service shall be endorse, by or at the instance of the LA, on the
RDT tot eh land which the notice related.
 Pow Hing & Anor v Registrar of Titles, Malacca
 Endorsement of the note of service of the notice on the RDT is a
mandatory requirement.
 Failure to do so renders the forfeiture invalid.
(g) Who May Pay
 S98(1) provide the parties that may pay for the rent
- Person/body having the registered interest affecting the land
- Person/body having lien over the land
- Person/body in occupation under any tenancy
- Person/body having a claim of caveat
 S98(2) sum paid by chargee shall be added to an deemed for all purpose to form
part of the first payment

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 S98(3)(b) if the tenant had paid for the rent, may recover the payment by
deduction of rental.
 S98(3)(a) the parties in (1) may recover the sum from the proprietor by civil
action.
(h) Effect of Payment of Rent
 S99- if the sum demanded by notice under s97 is tendered to LA within time
specified , the notice shall cease to have effect, and the LA shall cancel or cause
to be cancelled, the note endorsed pursuant to (2) on the RDT to the land to
which the notice related..
(i) Effect of Non Payment
 S93 the rent payable in respect of any alienated land shall be a debt due to SA
 S100 if by the end of the period, the whole of the sum had not been tendered to
him, he shall thereupon by order declare the land forfeit to the SA.
(i) No extension of time period specified in Form 6A
- Pemungut Hasil Tanah Kota Tinggi v UMBC
 If the whole sum demanded is not paid by the end of the period pf
notice, the LA will make an order of forfeiture.
(ii) Constitutionality of s100
- East Union (Malaya) Sdn Bhd V Govt of State Of Johore & Govt Of
Malaysia
 FACTS: Applicant company owned a large rubber estate and had
failed to pay quit rent to the SA within the specified time
 Collector later issued a notice of forfeiture
 Appellant argued that S 100 is ultra vires to ART 76(4) because
Federal Consti empowers the federal govt to govern all law
regarding land to ensure a standard form. Art 76(4) doesn’t include
“land revenue” (the reason why his land was forfeited) so how can
the fed govt enact a provision regarding the land revenue n S 100
of NLC?
 HELD: “Land tenure” in art 76(4) is wide enough to include
collection of revenue which is why appellant’s argument is
rejected.
 Art 76(4) authorizes Parliament to legislate on land matters for the
purpose only of ensuring uniformity of law and policy.
(iii) An order under s100
- KHOO CHENG & ORS V PENTADBIR TANAH MUAR
 The plaintiff is the administrators of the estate of Gan Cheng Leong,
deceased,
 Plaintiff made an application to set aside the order of the defendant
forfeiting the deceased's land for non-payment of quit rent pursuant to s97
and s100.

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 It was adduced that the defendant, upon the cognizance that quit rent
amounting to RM571 had remained in arrears in respect of the said land,
issued a notice in Form 6A demanding payment of the same.
 Form 6A notice, however, was not issued to any administrator or beneficiary
of the estate of the deceased but to an outsider by the name of Lim Pong
Geok, and further, was addressed to 45-G, Jalan Salleh, Muar and not to the
deceased's last known address.
 It is evident that the Land Administrator, after having declared the said land
forfeit to the State Authority and having published in the Gazette the notice
of forfeiture in Form 8A, LA did not register any memorial thereof on the
register document of title as mandated by s. 433 NLC.
 The plaintiffs argued that the forfeiture was invalid and null and void, as
service of the Form 6A notice was bad in law and contravened s. 97(1) NLC.
 Court held allowed the application and set aside the forfeiture as the
forfeiture of land for non-payment of rent must comply with the mandatory
requirements in the NLC.
-
(j) Procedure for forfeiture for non-payment of rent S 97-100
1) LA serves notice of demand in Form 6A
2) LA endorses a note of service in Form 6A on the RDT
3) LA serves a copy of Form 6A on persons and bodies having interest in the land
4) If sum demanded is not paid, order for forfeiture is made under S 100
5) Notification of forfeiture in Form 8A is published in the Gazette

Forfeiture for breach of condition

(a) Types of Condition
 Land can be forfeited for breach of either an express or implied condition
 S103 Types of conditions – S103(1)
- Conditions requiring continuous performance (exp- that no building shall
be erected on the land other than a building or buildings to be used for one
or more of the purposes specified or referred to in subsection (4) – S
115(1)(a)
- Conditions subject to a fixed term - E.g. that a bona fide commencement
of cultivation of the land shall be made within twelve months of the
relevant date – S 115 (b)
(b) When A Breach of Condition Arises
 S125(1)- breach of condition requiring continuous performance shall arise so soon
and continue so long as the condition is not compiled with.
 S125(2)- a breach of condition subjected to a fixed term shall arise in case where
the condition requires the doing of any act within anytime upon the expiry of that
time without the act having been done or in case of condition where requiring any
act to be refrained from until any time, upon doing of that act before that time.

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 S126- where any condition consists of 2 or more separate obligations or liabilities,

failure to fulfil any of those obligation or liabilities shall constitute breach of
condition
 Collector of Land Revenue Johor Bahru v South Malaysia Industries
 FACTS: The resp had been granted a 60 year lease over 3 acres of State
land with conditions that it was to be used solely for the erection of a
factory. Resp rented out a portion of the factory to an urea company for 3
years for use as a store. Collector alleged that he had breached the
condition by renting out the part of land as a store
 HELD: Storing industrial chemicals and fertilisers is therefore not
legitimate purpose permitted under the lease. The object stored is totally
unconnected to the industrial respondent was in. The court will only
interfere to help if resp can show they have equity right on the land which
appellant failed to show that. He clearly breached the lease conditions and
thus the court allowed the Collector forfeiture.
 Lam Eng Rubber Factory (M) Sdn Bhd v State Director Kedah & Anor
 Where the land in question is not subject to any category of land used but
only to the express condition that it be used for a rubber estate, there being
no express prohibition against setting up a rubber processing factory, the
existence of the latter would not amount to a breach of condition as it is a
necessary incident of the land being used as rubber estate. However, the
fact that the non- existence of rubber trees on the land show that the land
is not used as a rubber estate which would amount to a breach of
condition.
(c) Effect of Breach of Condition
 S127(1)-Upon any breach arising of any condition to which any alienated land is
for the time being subject to land shall be liable to forfeiture to the SA and except
in the case where fine is imposed under (1A), or where action for the purpose of
causing the breach to be remedied is first required to be taken under section 128 ,
the Land Administrator shall proceed with the enforcement of the forfeiture in
accordance with the provisions of section 129
 S129 provide that LA shall take action under this section whenever any alienated
land is liable under s127 to forfeit for breach of condition and he is of the opinion
that taking action under s128 would not be appropriate or the proprietor of the
land has failed to comply with any notice served to him under that section.
Exception
(i) imposition of fine
- s127(1A)(a)- the LA may serve form 7E upon the proprietor requiring him
to show the reason why a fine should not be imposed in respect of the
breach.
- S127(1A)(b)-if the proprietor failed to show the reason why a fine should
not be imposed on him, the LA may make an order for the payment of a

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fine of not less than RM500 and in case of continuing breach, a further
fine of not less than RM100 for each day which the breach continues.
- S127(1B) where the fine is paid upon an order, no action shall be taken
under 128 or s129 in respect of breach.
- S127(1C)- if breach continues, LA may serve notice in Form 7F to
informing the proprietor the intention to take action under s128 and s129
upon the expiry of a period of 6 months from the date of service of notice.
(ii) Securing remedy of breach of condition
- 128(1) where the alienated land is liable under s127 to forfeiture to the SA
and it appear that the LA that it is capable of being remedied by the
proprietor within a reasonable time.
- The land administrator shall serve the proprietor a notice in Form 7A
specifying action required to be taken to remedy the breach and calling
proprietor to take action within the time specified.
- S127(4)provide that every breach of condition shall be taken to be capable
of being remedied and the action required by remedying any breach shall
be taken consist in case of positive condition of the doing of every act or
thing the omission to do which constituted or formed part of the breach or
in case of negative condition, of the doing of all such acts or thing as are
necessary to put the land into the tate in which it would be if breach had
not occurred.
- S128(2)- upon the service or any notice under s128(1), LA shall endorse
or cause to be endorse on RDT to the land in question a note to the effect
that the land is subject to action for breach of condition.
- S128(3)- if the notice under s128(1) is complied with, the note endorsd
under s128(2) shall be cancelled but if the notice is not compiled then the
LA shall take action in accordance with the provisions of s129.
(d) Circumstances Which Land Would Cease to Be Liable to Forfeiture
 S127(3)- the forfeiture shall cease to be liable if the breach has been remedied or
in case of a condition subject to fixed term, no action has been taken with respect
of breach under s128 and s129 before the expiry of a period of 12 years
beginning with the date on which the breach arose.

(e) Action to Enforce Forfeiture

 S129(1) provide that LA shall take action under this section whenever any
alienated land is liable under s127 to forfeit for breach of condition and he is of
the opinion that taking action under s128 would not be appropriate or the
proprietor of the land has failed to comply with any notice served to him under
that section.
 S129(2) the land administrator shall cause a notice in Form 7B to be served on
the land proprietor and cause a copy of that notice to be serve on person and
bodies as those on whom notice relating to rent are required to be serves by
s98(1)

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 S129(3)the land administrator shall endorse or cause to be endorsed on the RDT

to the land in question a note to the effect that the land is subject to the action for
breach of condition.
 S129(4) the LA shall hold an enquiry according to the provisions of this act and
on the conclusion thereof:
- If appears to LA that the breach has been remedied , shall so declare by
order and shall cancel or cause to be cancelled any note endorsed
- If it appear to LA just that time should be allowed for remedying the
breach shall make an order specifying the action to be taken for that
purpose and the time within which it is to be taken.
- In any other case, shall take temporary possession of the land as he may be
directed by SA or in absence of such direction, make an order declaring
the land forfeit to the SA.
When forfeiture take effect
a) General
 130(1) As soon as may be after making of an order under s100 or s129 with
respect to any land, the LA shall publish gazette a notification of forfeiture in
Form 8A and upon publication forfeiture shall take effect as mentioned in s131.
 Pow Hing & Anor v Registrar of Titles, Malacca
 Notification must be published in the gazette as soon as an order under
s100 or s129 has been made.

Annulment of forfeiture
 S133(1)- any person who was the proprietor of the alienated land immediately
before the forfeiture may at any time apply to the SA for the annulment of the
forfeiture
 S133(2) the SA may in its absolute discretion to allow or refuse any petition and
if allow the petition, may do so conditionally upon the payment by petitioner
- If forfeiture was for non-payment of rent, of such penalty, not exceeding 6
times the sum which he is required to pay by notice of demand served on
him under s97
- If the forfeiture was for breach of condition, of such amount the SA may
determine in respect of the expenses occasioned.
 United Malayan Banking Corp Bhd & Anor v Pemungut Hasil Tanah, Kota
Tinggi
 The power to grant relief against forfeiture is vested in the State Authority in
its absolute discretion and not in the courts
Effect of forfeiture
 S 131 -Upon the taking effect in relation to any land of any forfeiture under this
Act

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a. the land shall revert to, and vest in, the State Authority as State land , freed and
discharged from all titles and interests subsisting or capable of arising immediately
before the forfeiture took effect;
b. there shall also vest in the State Authority , to the extent specified in section 47 and
without payment of compensation, any buildings then existing on the land ; and
c. any item of land revenue then due to the State Authority in respect of the land shall
be extinguished
 Bee Lee Liang v Chew Sah Suak & Anor
 The effect of forfeiture on title is to cause the land to become State land and
able to be alienated.

Restriction on the re-alienation of forfeiture

 S 132(1)- Where any land has reverted to the State Authority by reason of the
taking effect of any forfeiture under this Act, the State Authority, subject to sub-
section (2), shall not re-alienate or otherwise dispose of it at any time before
a. The expiry of the period of three months during which (under section 418)
an appeal lies to the Court against the order of the Land Administrator
under section 100 or 129, as the case may be;
b. if such an appeal is lodged during that period, the determination of the
appeal and of any proceedings consequent thereon
 S 132(2)- The provisions of subsection (1)
(a) shall be without prejudice to the power of the State Authority under sub-
section (2) of section 133 to annul the forfeiture at any time on a petition
in that behalf by the person or body who was the proprietor of the land
immediately before the forfeiture took effect; and
(b) shall not prevent the State Authority from re-alienating the land to that
person or body at any time as mentioned in sub-section (3) of section 133
Challenging the validity of forfeiture
 s134(1) -The validity of any forfeiture under this Act shall not be challenged in
any court except by means of, or in proceedings consequent upon, an appeal
under section 418 against the order of the Land Administrator under section 100
or, as the case may be, 129; and, notwithstanding anything in any other written
law, no such appeal shall be commenced after the expiry of the period of three
months allowed for the bringing thereof by the said section 418
 S 134(2)- No order of the Land Administrator under section 100 or 129 shall be
set aside by any court except upon the grounds of its having been made contrary
to the provisions of this Act, or of there having been a failure on the part of the
Land Administrator to comply with the requirements of any such provision; and
no such order shall be set aside by reason only of any irregularity in the form or
service of any notice under Chapter 2 of Part Six or, as the case may be, Chapter 5

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of Part Seven unless, in the opinion of the court, the irregularity was of a
significant nature.
(a) 3 months period (s418(1))
 Khoo Cheng v Pentadbir Tanah Muar
 Any person or body aggrieved by any decision. .. may at any time within
the period of 3 months beginning with the date on which it was communi-
cated to him, appeal therefrom to the Court.
(b) Wrongdoing of the officer appointed by SA
 Bagan Serai Housing Estate Sdn. Bhd. v Pentadbir Tanah Daerah, Daerah
Seberang Perai Tengah & Anor
 This was an appeal against the decision of the High Court in granting the plaintiff
a declaration that the forfeiture of the plaintiff's lands was invalid and that the
plaintiff was entitled to claim compensation from the state authority of Penang
under s. 134(4)
 plaintiff was the registered proprietor of a piece of land ('the said land') held
under the interim register.
 first defendant issued a notice in Form 6A to the plaintiff demanding payment of
RM126,853.17 as quit rent and arrears due in respect of the said land
 Form 6A could not be served by the first defendant because the plaintiff had
changed its address. But the Penolong Pentadbir Tanah Daerah caused the
service of a notice in Form 6A by substituted service pursuant to s. 432(1) of the
NLC
 The penolong pentadbir then issued a notice in Form 8A stating that the said
land had been forfeited to the State Authority.
 The said Form 8A was issued before the endorsement of the note of the
substituted service of Form 6A on the interim register of the said land
 plaintiff contended that the entire forfeiture proceedings were wrong, being
contrary to the provisions of the NLC
 the court allowed the appeal.

(c) Grounds of challenging against the forfeiture

(i) non service of form 6A
 Khoo Cheng v Pentadbir Tanah Muar
 service was fundamental, and non-service of the Form 6A was ground
enough to set aside the forfeiture
(ii) s134(2) exhaustive
 UMBC v pemungut hasil tanah kota tinggi

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