YAP CHIEW GUAN v THE TRUSTEE OF THE ESTATE OF YEAP CHOR EE

YAP CHIEW GUAN v THE TRUSTEE OF THE ESTATE OF YEAP CHOR EE

Because the mortgagee and successors had been in possession since 1946 by collecting rents and paying quit rents, they acquired adverse possession constituting a pre-existing interest under s.44 of the National Land Code, and because such possession exceeded twelve years before the appointed date the mortgagor's right to redeem was barred by s.16 Limitation Act 1953; therefore the respondent obtained replacement title and the appeal was dismissed.

Citation
YAP CHIEW GUAN v THE TRUSTEE OF THE ESTATE OF YEAP CHOR EE
Parties
Appellant (mortgagor): Yap Chiew Guan; Respondent (mortgagee/trustee): The Trustee of the Estate of Yeap Chor Ee, Deceased
Court
Malaysian court
Jurisdiction
Malaysia
Procedural Posture
Civil Appeal / Judgment on Appeal to High Court (penang)
Outcome
Appeal dismissed with costs
Legal Topics
Mortgage, Adverse Possession, Right to Redeem, Indefeasibility Under National Land Code, Limitation Act S.16, Replacement Title Under S.44 NLC
Source Language
en
Land Law Property Law Equity Limitation Law Mortgage Adverse Possession Right to Redeem Indefeasibility Under National Land Code +2 more

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Parties

Yap Chiew Guan

Appellant (mortgagor)

The Trustee of the Estate of Yeap Chor Ee, Deceased

Respondent (mortgagee/trustee)

Procedural Posture

Civil Appeal / Judgment on Appeal to High Court (penang)

Legal Issues

  1. 1 Whether the respondent acquired a pre-existing interest by adverse possession under s.44 of the National Land Code (Penang and Malacca Titles) Act 1963
  2. 2 Whether the appellant's right to redeem the mortgaged land was extinguished by s.16 of the Limitation Act 1953 (twelve years' possession)
  3. 3 When time begins to run against the mortgagor for purposes of s.16

Ratio Decidendi

Because the mortgagee and successors had been in possession since 1946 by collecting rents and paying quit rents, they acquired adverse possession constituting a pre-existing interest under s.44 of the National Land Code, and because such possession exceeded twelve years before the appointed date the mortgagor's right to redeem was barred by s.16 Limitation Act 1953; therefore the respondent obtained replacement title and the appeal was dismissed.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs