INNAB SALIL & ORS v. VERVE SUITES MONT' KIARA MANAGEMENT CORPORATION
FEDERAL COURT, PUTRAJAYA
TENGKU MAIMUN TUAN MAT CJ; ROHANA YUSUF PCA; MOHD ZAWAWI SALLEH FCJ
[CIVIL APPEAL NO: 02(i)-74-10-2019(W)]
05 OCTOBER 2020
(1) The effect of a harmonious construction between s. 120 of the National Land Code and s. 70 of the Strata Management Act 2013 is that the grant of powers or rights by one particular provision in a law does not mean that such rights may not, at the same time, be restricted by other provisions of the law. Hence, the issuance of conditions and restrictions of use in a title of land by the State Authority does not preclude the management corporation of a residential strata building from promulgating further rules, regulations or by-laws for the purposes provided for by law.
(2) When there is no proof of exclusive possession on the part of short-term renters and there is no evidence to suggest that occupancy of the renters is intended to be a tenancy, the said arrangements are nothing more than mere licenses and does not amount in law to 'dealings' within the ambit of s. 70(5) of the Strata Management Act 2013.
BEBE SAKIMAH MOHD ASROF v. PENDAFTAR HAKMILIK NEGERI PERAK
HIGH COURT MALAYA, IPOH
SU TIANG JOO JC
[ORIGINATING SUMMONS NO: AA-24NCVC-478-11-2019]
21 OCTOBER 2020
Not all Malay Reservation land is necessarily a Malay holding; it could also be a non-Malay holding. It is insufficient for the document of title of a piece of land to only be endorsed with 'Pengisytiharan Rezab Melayu' without the particulars of the land specified. Sections 6(i) and 2(a) of the Malay Reservation Enactment (FMS Cap. 142) ('MRE') provide three steps that must be complied with for a land to be declared, post the commencement of the MRE, a Malay holding. Under the proviso in s. 2(a), no interest shall be deemed to be a Malay holding until a requisition in the prescribed Form A in the First Schedule has been registered against the register document of title for such land.
“The distinction between a tenancy and a licence is fundamental as a licence is merely a step above trespass in that it confers a right to the occupier to enter or remain on someone else's land or premises for consideration, without committing trespass. A tenancy or a lease on the other hand grants more than mere contractual rights because it confers certain other protections to the tenant under statute. For instance, under s. 221 of the NLC, a lease is a registrable interest and once registered, confers a right in rem to the lessee.” – per Tengku Maimun Tuan Mat CJ in Innab Salil & Ors v. Verve Suites Mont' Kiara Management Corporation  10 CLJ 285
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