JUDGMENT

Eusoffe Abdoolcader J:

The crucial issue involved

Has the Court jurisdiction to grant equitable relief against the forfeiture of alienated land effected under the National Land Code 1965in the face of its express enactment? That is the basic issue arising for consideration and determination in these two joint appeals involving the forfeiture of a substantial parcel of land to the State Authority of Johor for nonpayment of land rent. As we are primarily concerned in this matter with the provisions of the National Land Code (`the Code'), to obviate tautology all statutory references in this judgment will be to the Code unless otherwise specifically indicated.

Exordium: epitome of events

In December 1966 some 20,680 acres of land in the District of Kota Tinggi, Johor, were alienated under s. 76 by the State Authority of Johor to Johor Sugar Plantation & Industries Bhd. (`the company') as registered proprietor for a term of 99 years and were then charged by the company to United Malayan Banking Corporation Bhd. (`the bank'), to secure banking facilities under three charges, the amount outstanding in respect thereof in November 1977 being over RM5 million carrying further inter