Harmindar Singh J

[1]The Torrens system of land registration embodied in the National Land Code (‘NLC’) was meant to provide security and certainty of title for landowners in Malaysia. With the advent of the computerisation system of land registration in Malaysia, and which was begun in Perak sometime in 2001, the original manual title deed was to be replaced with a computerised one. Serious problems have however arisen in the implementation of this new system. If this case is any indication, some landowners in Perak will be having sleepless nights wondering if the titles they have in their possession are still valid because of the mischievous machinations and criminal inclinations of a few within and outside of the land registry.

[2]One such landowner is the plaintiff in the instant action. Despite having been in legal and physical possession of its land since 1994, and having the original manual issue document of title (‘IDT’) safely in its possession and custody, and having diligently paid its taxes and rates, the plaintiff now finds itself dispossessed of ownership of the land in so far as the Computerised Land Registration System (commonly referred to by its Bahasa Malaysia acronym ‘SPTB’ for ‘Sistem Pendaftaran Tanah Berkomputer’) is concerned. The plaintiff’s land was registered in the name of the first defendant (‘D1’) and then changed hands another three times. The plaintiff has now brought this action to restore itself as the rightful proprietor of the land.

BACKGROUND FACTS

[3]The plaintiff’s land, the subject of this case, was originally held under Geran 22446, Lot 14942, Mukim of Teja, District of Kinta, Perak. It was later re-delienated from the District of Kinta to that of Kampar, and the Grant number changed from 22446 to 126329. The lot number remained the same. For ease and consistency of reference, the land will be referred to as ‘Lot 14942’.

[4]On 21 February 1994, the plaintiff purchased Lot 14942, which measured 6 acres 1 rod and 20 poles (6.4375 acres), from one Loh Kong Fatt. The manual IDT shows it to have been first issued on 14 August 1990 with Loh Kong Fatt as the original proprietor. Thereafter the plaintiff was registered as the proprietor on 21 April 1994.

[5]The layout plan accompanying the manual IDT shows Lot 14942 to be landlocked. Apart from a short border it shares with another piece of land, Lot 14941, the rest of it is surrounded by the lime stone hills of Gunong Kundoh. The other piece of land, Lot 14941, is also owned by the plaintiff. It is not disputed that one cannot access Lot 14942 except by going through Lot 14941. It is also not disputed that the plaintiff has at all times been in uninterrupted physical possession and enjoyment of Lot 14942. PW1 (Shang Yong), of the plaintiff, stated unchallenged in his evidence that since 1997, he started deer farming on Lot 14942 which has carried on till today.

[6]However, sometime in 2011, it came to the attention of PW1 that something might have been amiss vis a vis Lot 14942. Throughout the years until 2010, the plaintiff duly received the quit rent bills for Lot 14942 in its name and addressed to the home address of PW1 at 3, Persiaran Gopeng Enam, Taman Golf, 31350 Ipoh. In 2010, PW1 received the quit rent bill as per usual at his home address in Ipoh. But it was in the name of the fourth defendant (‘D4’). PW1 did not think much of this at the time, thinking it an error by the land office and being secure in the fact that he had with him the manual IDT at all times.

[7]But when the 2011 quit rent bill came again with the name of D4 once again, the plaintiff decided to check. What was revealed was, to say the least, astounding. Lot 14942 no longer stood in the name of the plaintiff. The evidence unveiled with regard to Lot 14942 the following.

[8]On 12 June 2002, a computerised issue document of title in Form 5BK (‘Form 5BK’ or ‘computerised IDT’) appeared to have been issued in the name of the first defendant (‘D1’). On 8 November 2006, D1 purport