TEH BEE V K

MARUTHAMUTHU
[1977] 2 MLJ 7

Trial Magistrate
High Court
-Ajaib Singh J
Federal Court
-Ali AG CJ(Malaya)
-Raja Azlan Shah
-Wan Suleiman FJJ

OUTLINE

BRIEF FACTS

TRIAL MAGISTRATE

HIGH COURT

Issue 1

Issue 2

Issue 3

FEDERAL COURT

Issue 1

Issue 2

BRIEF FACTS
The appellant claimed possession of a piece of
land of which she was the registered
proprietress. The claim was based on trespass.
The respondent resisted the claim, on the
ground that the qualified title registered in the
name of the appellant was null and void.
The trial Magistrate make a judgment in favour
of the appellant.
She appealed.

On appeal - HC

1st issue-Learned magistrate had no jurisdiction

over the matter in dispute - reject

2nd issue-The respondents title was null and void

as it was obtained unlawfully in contravention of
Section 81 of NLC-failed to pay the required sum
within the stipulated period of 3months-the
approval to alienation of the land to lapse under
Section 81(2) of NLC. - accept

3rd issue-The appellant had acquired an equity in

the land which entitled him to be suitably
compensated for the expenses he had incurred on
the land. -reject

S41

S81

Gives power to state authority to alienate land.

Accepted that Rs title was null and void-failed to pay

the required sum within stipulated time (3months).
Causing the approval of alienation to lapse under
S81(2).

S180

Coming into effect after payment had been made. NLC

does not provide any power to SA to extend the time
but instead need to make fresh appeal if lapsed.

S180(3) prohibits SA to entertain any application

unless S81 is complied with (payment).

Ajaib Singh J held that when the appellant was

registered as proprietress, the approval of
alienation of the land to her had already lapsed
and therefore it was ultra vires of the State
authority to alienate the land to her.

The appellant appealed.

On appeal - FC

Issue 1 - Whether the registration is invalid?

SA did not intend to give land to other

Unable to pay but has intention to acquire the

land.

Issue 2 - Registration is everything under

Torrens system.