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UNITED MALAYAN BANKING CORPORATION

BHD & ANOR V PEMUNGUT HASIL TANAH,


KOTA TINGGI
[1984] 2 MLJ 87
Sharifah Noorlyana Syed Sulaiman,
1132701894

FACTS:
SECOND APPELANT
20k Acres- 99 Years Annual
Quit Rent + Other
Conditions.
FIRST APPELANT

1977
December1966
1 January 1977
1 June1977
2 June 1977

-land alienated to second appellant- Proprietor


-due date of quit rent (RM124K) plus the education rate of RM31,020.
-amount payable due; were not paid
-Collector of Land Revenue served on the interested parties.
Notice of demand for settlement issued.
Pending payment + penalties to be paid within six months.

(misunderstanding between appellants)


7 Sept 1977
7th/14th Dec1977

-order declaring the land is forfeited to the State Authority made by Collector
-appellants (UMBC and the proprietor) on instituted proceedings @ High
Court under S.418 of NLC.

Judgment:
High Court- favour of the appellants. Appellants

Federal Court The State Authority appealed to FC, decision of HC reversed. State Authority
The appellant then appealed to the Privy Council

ISSUES:

Validity of notice of forfeiture of alienated land-

Whether the sum demanded in the notice dated 2 June 1977 was
excessive and was therefore invalid?
Jurisdiction of court to grant relief for forfeiture-

Whether the equitable rules of English law dealing with relief


against forfeiture have any application under the National Land Code?

HELD:
PC: English rules of equity relating to relief against forfeiture should not be
applicable to proprietors of alienated land under the National Land Code.
English land law concerning the relief against forfeiture is inapplicable in
Malaysia. Relief against forfeiture means that order for forfeiture is cancelled
and it wasprovided by Malaysian National Land Code.
Lord Keith of Kinkel: The NLC is a complete and comprehensive code of law
governing the tenure of land in Malaysia and the incidents of it, as well as
other important matters affecting land there, and there is no room for the
importation of any rules of English law in that field except so far as the Code
itself may expressly provide for this.
Appeals dismissed.

Provisions
S. 418 of NLC
S. 131 of NLC
S. 133 (1) of NLC
S. 133 (2) of NLC
S. 134(2) of NLC
S.6 Civil Law Act prohibits the application of English rules of equity relating
to tenure of which the equitable rules relating to relief against forfeiture are
a part.