HIGH COURT MALAYA KUALA LUMPUR
LAI SIEW SHIANG – Appellant
Versus
PENGARAH TANAH DAN GERAN WILAYAH PERSEKUTUAN KUALA LUMPUR – Respondent
[1] The Plaintiffs have applied to the Court by this Originating Summons ("OS") for a Declaration that the land tenure of 99 years issued by the Land Office to be reverted to a tenure in perpetuity as it was originally was.
Brief Facts
[2] The Plaintiffs are holders of individual title of 11635, Lot 29280, Mukim Batu, Daerah Kuala Lumpur. This plot of land was originally held under land grants having tenure in perpetuity.
[3] This land grants were surrendered to the Land Office for purposes of sub divisions for the development of a housing project undertaken by Taman Bukit Maluri Sdn Bhd for the Bukit Maluri. Upon sub-division and new titles being issued, the tenure in perpetuity was changed to a 99 years lease.
[4] The Plaintiffs allege that the conversion of the tenure from perpetuity to a 99 years lease is unlawful and unconstitutional. By this OS the Plaintiff applies for a Declaration from the Court to declare that the land is held in perpetuity instead of 99 years.
The Intitulement
[5] Order 7 r 1A the Rules of Court 2012 ("the Rules") states the rules governing intitulement in the OS as follows:
2. Forms of originating summons (O 7 r 2)
(1A) Every originating summons shall state in
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