JUDGMENT

Hashim Yeop A Sani J:

This is a Notice of Motion in which the applicant/appellant, Ipoh Garden Berhad, a housing developer, is asking for an order that the decision of the Pengarah Tanah dan Galian, Perak, contained in his letter dated 23 August 1977 pursuant to application for sub-division of the applicant/appellant in respect of certain lands be varied. It appears from the Notice of Motion that the appeal is against the said decision "insofar as it relates to the question of the surrender of the said lands and the issue of leasehold titles in lieu of the freehold titles." The applicant is also asking that the Court direct the respondent to approve the application for subdivision aforesaid in the terms of the aforesaid letter with the exception of certain conditions imposed in that letter, the most important among which was that the lots comprised in the sub-divided titles would be held under leases for 99 years.

A little background of the facts of the case is necessary. On 18 May 1976, the applicant pursuant to s. 135 of the National Land Code applied to the State Authority for sub-division of the applicant's lands held under freehold titles namely, Certificates of Titl