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FEDERAL COURT PUTRAJAYA
TAN YING HONG – Appellant
Versus
TAN SIAN SAN & ORS – Respondent
[1] I had the privilege of reading the draft of my learned Chief Judge of Malaya Arifin Zakaria's grounds of judgment. I must give him credit for having traced the history of decisions made on the interpretation of s 340[1] of the National Land Code 1965 (NLC). I agree with his conclusions.
[2] I wish to, however, express my own views in support of that judgment.
[3] The facts of this case, which are not disputed, have been well narrated in his judgment and I do not wish to repeat them here.
[4] I would like to look at s 340 of the NLC in a more simplified manner
[5] Let us refer to the first owner of a piece of land as "A " who then transfers the same piece of land to "B " and which subsequently is transferred to "C ".
[6] As far as s 340(1) of the NLC is concerned, A's title to the land is totally indefeasible. In short if A's name appears on the registration, no one can come and claim for that title. The law will not entertain it at all.
[7] Now comes the next person, B, whose name appears in the register. If it can be shown that the title or interests obtained by B was obtained by fraud or misrepresentation by him or anyone else to which he was a party or
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