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
[2020] CLJ JT (14)

LAND LAW: Malay Reservations - Malay holding - Registration of property expressly stated as Malay Reservation Land - Presentations for registration by purchaser rejected by Land Office - Whether purchaser Malay - Whether non-Malay could be registered as proprietor of Malay Reservation Land - Whether prohibitions and restrictions against dealings apply to all Malay Reservation Lands - Whether applied to property in question - Whether property Malay holding - Whether Land Office complied with necessary statutory steps to declare property to be Malay holding - Whether mere endorsement of Malay Reservation Land without particulars sufficient for property to be declared Malay holding - Whether purchaser could be registered as proprietor of property - Malay Reservations Enactment (FMS Cap. 142)

LAND LAW: Malay Reservations - Registration - Registration of property expressly stated as Malay Reservation Land - Presentations for registration by purchaser rejected by Land Office - Purchaser paid registration fees and penalty for presentations - Whether purchaser entitled to refund of fees and penalty - National Land Code, ss. 293(1) & 293(3)(a)

EVIDENCE: Burden of proof - Legal and evidential burden - Land law - Registration by non-Malay of property expressly stated as Malay Reservation Land - Presentations for registration by purchaser rejected by Land Office - Whether property Malay holding - Whether Land Office bore evidential burden to prove statutory steps have been taken to ensure property was Malay Reservation Land and Malay holding - Whether Land Office complied with necessary statutory steps to declare property to be Malay holding - Whether there was evidence to support - Evidence Act 1950, ss. 101, 102, 103 & 106

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