The negligence of the land authority in maintaining accurate records can lead to wrongful alienation, impacting property rights.

Introduction

[1] The plaintiff's action is premised on the fact that a piece of land which was acquired and belonged to his great grandfather Tan Hoy (hereafter 'the Deceased') was wrongfully re-alienated to the 1st defendant by the 2nd and/or 3rd defendant(s).

[2] The parties have gone through a full trial. On 28 February 2013, the Court allowed the plaintiff's claim in part. The reasons for the decision are set out below.

Salient Facts

[3] The plaintiff averred that his great grandfather, the Deceased, had purchased a piece of land having a title deed known as Selangor Land Grant No. 1181, In the Town of Cheras, Allotment 13 of s 3 (hereafter 'the impugned land') on 27 September 1911.

[4] By an Order of the Court dated 21 October 2021 via Originating Summons No. BA-24NCVC-1054-09/2021, the plaintiff's great grandfather (the Deceased) was declared to have passed away on 15 September 1924.

[5] The plaintiff asserted that since the time his great grandfather had passed away in 1924, the impugned land was maintained by and under the care of the family. The plaintiff also asserted that his late father Tan Chong Beng @ Tan Yok Kaw had been paying annual quit rent for the impugned land after his late father took over the care of the impugned land from the family.

[6] The plaintiff's father passed away in 2006. The plaintiff then took over the care of the impugned land from the family. The plaintiff continued to pay the annual quit rent for the impugned land until 2017. The plaintiff asserted that at all material times the impugned land was registered in the name of the Deceased. The impugned land was never transferred to anyone after the passing of the plaintiff's great grandfather, the plaintiff asserted. The plaintiff also asserted that the family had been keeping the original title deed or the issue document of title of the impugned land at all material times.

[7] The plaintiff produced the original issue document of title (hereafter 'the original IDT') of the impugned land (see p 105-107 of Ikatan Dokumen Bersama, Enclosure 33, Exhibit B1) and the same has been deposited with the Court for inspection (during trial). The Deceased's name is recorded as the last proprietor of the impugned land on the IDT.

[8] The plaintiff averred that sometime around 2018 he discovered that the 1st defendant was occupying the impugned land. On 20 July 2018, the plaintiff through his solicitors received a notice from the 1st defendant to request the plaintiff not to trespass onto the 1st defendant's land (see 1st defendant's notice dated 20 July 2018 at p 13-4 of Ikatan Dokumen Bersama, Enclosure 33, Exhibit B1). In the said notice, the 1st defendant asserted that it owned the land which it was currently occupying under two title deeds, namely HSD 145180, PT 53620, s 3 and HSD 149909 PT 56322, both of Daerah Ulu Langat, Bandar Cheras, Negeri Selangor (hereafter 'the 1st defendant's titles).

[9] The plaintiff was surprised by the 1st defendant's claim that the impugned land was occupied and owned by the 1st defendant. The plaintiff conducted a land search on the title of the impugned land; the plaintiff was informed that the impugned land was not found in the records of the land office.

[10] The plaintiff asserted that the 2nd and/or 3rd defendant had wrongfully alienated the impugned land to the 1st defendant by wrongfully issuing new title deeds to the 1st defendant for the land surrounding the impugned land as a result of which the impugned land became part of the 1st defendant's lands. The plaintiff therefore took out this action and sought for declaratory relief, among others, that the 1st defendant's lands were wrongly alienated by the 2nd and/or 3rd defendant(s) a