Syed Agil Barakbah J:

This is an application by way of originating summons for an order requesting the Registrar of Land Titles, Kedah, (hereinafter called 'the registrar') to rectify certain mistakes under s. 380 of the National Land Code (hereinafter called 'the Code').

The first applicant, Island and Peninsular Development Bhd, submitted a proposed amalgamation and sub-division plan of Lots 367, 379 and 1904, Mukim of Sungei Patani, District of Kuala Muda, Kedah, and the plan was approved by the Land Office. The approval was for the erection of a row of thirty-one single storey terrace houses. The lot numbers given by the Chief Surveyor run from 3889 to 3921 in serial order. A grant for each lot was subsequently issued corresponding to the lot numbers stated above, also numbered serially, from 1152 to 1184. Subsequent to the approved plan being passed, the first applicant prepared a site plan of the houses for sale to the public but numbered them wrongly by giving the plot numbers 1 to 33 from right to left instead of from left to right according to the numbers of the sub-divided plots. As a result, plot No I which according, to the site plan refers to LotNo. 3889 corresponding to grant No. 1152 became plot No. 33 instead of plot No I and so on until plot No. 33 which refers to LotNo. 3921 corresponding to grant No. 1184 became plot No I instead of plot No. 33. Because of the error the purchaser buying one of the houses, e.g. plot No I shown on the site plan, was given grant No. 1152 LotNo. 3889 instead of the corresponding grant No. 1184 LotNo. 3921. Similarly, in the case of the other purchasers. All these purchasers have occupied the correct houses which they intended to purchase but they have been given the wrong grants which have not been registered in their names. In the circumstances they have not acquired ownership of the correct houses by virtue of having been registered in the wrong grant.

Originally the grants were registered in the name of the first applicant as titles in continuation under s. 164(1) (b) of the Code. The purchasers received loans to purchase the houses from the second applicant, a subsidiary company of the first applicant, and have charged their lands to them. The grants were then submitted to the Registrar of Titles, Kedah, for registration together with the forms of transfer (Form 14A) which were filled inter alia with the grants and lot numbers in the wrong names of the respective buyers. Neither the applicants nor the Registrar were aware of the mistakes at the time the respective grants were issued. It is apparent that the mistakes lie with the applicants who drew up smaller replicas of the approved sub-division plans annexing them to the agreement of sale to prospective buyers in the wrong order numbering the blots 1 to 33 from right to left instead of from left to right as provided by the approved sub-division plan. The request by the applicants for the correction of the mistakes appearing in the documents of title under s. 380 of the Code was turned down by the Registrar on the grounds as stated by the learned Legal Adviser in his affidavit which can be summed up as follows:-

(1) The Registrar was not satisfied there was any mistake as the documents of title were not registered in the wrong names.

(2) Since a purchaser has purchased and occupied the correct house, the respondents maintain he has been registered as proprietor of the right grant because under the Code 'land' includes all things attached to the earth whether on or below the surface.

(3) Because of the indefeasibility of the title of a registered proprietor under s. 340 of the Code any alteration to the instruments of transfer or other documents is ultra vires his power.

Now, the main question devolves on the construction of s. 380(1)(a) of the Code. Section 380(1) states:-

(1) Where the Registrar is satisfied -

(a) that any document of title has been registered or issued the wrong name, or contains any misd