Liew See Mooi 1. ) PENGARAH TANAH DAN GALIAN SELANGOR 2. ) Tan Chin Fat

Liew See Mooi 1. ) PENGARAH TANAH DAN GALIAN SELANGOR 2. ) Tan Chin Fat

The High Court held that the Land Office was not negligent: qualified title is provisional and the State lawfully conducted JUPEM survey and issued final titles altering lot placement and area; LSM failed to prove defeasibility under s340 NLC or to call John Chan to establish original boundaries; consequently LSM's claim dismissed and TCF entitled to vacant possession with costs.

Citation
BA-22NCvC-121-03/2022 (Mahkamah Tinggi)
Parties
Plaintiff (suit 121); 1st Defendant (suit 184): Liew See Mooi; 1st Defendant (suit 121): Pengarah Tanah dan Galian Negeri Selangor Darul Ehsan (Land Office); 2nd Defendant (suit 121); Plaintiff (suit 184): Tan Chin Fat; 2nd Defendant (suit 184): Lau Chui Lian; 3rd Defendant (suit 184): Yap Chun
Court
High Court
Jurisdiction
Malaysia
Judgment Date
27 March 2025
Case Number
BA-22NCvC-121-03/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Land Dispute (title/possession) / High Court Judgment After Full Trial; Appeal to Court of Appeal Noted by Plaintiff
Outcome
Suit 121 dismissed; Suit 184 allowed (vacant possession granted)
Legal Topics
National Land Code, Qualified Title V Final Title, Indefeasibility of Title, State Alienation of Land, Survey and Mapping (jupem), Encroachment/trespass, Costs
Source Language
Malay/English
Land Law Property Law Administrative Law Evidence National Land Code Qualified Title V Final Title Indefeasibility of Title State Alienation of Land +3 more

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Parties

Liew See Mooi

Plaintiff (suit 121); 1st Defendant (suit 184)

Pengarah Tanah dan Galian Negeri Selangor Darul Ehsan (Land Office)

1st Defendant (suit 121)

Tan Chin Fat

2nd Defendant (suit 121); Plaintiff (suit 184)

Lau Chui Lian

2nd Defendant (suit 184)

Yap Chun

3rd Defendant (suit 184)

Procedural Posture

Civil Land Dispute (title/possession) / High Court Judgment After Full Trial; Appeal to Court of Appeal Noted by Plaintiff

Legal Issues

  1. 1 Whether the Land Office was negligent in issuing the final title that altered lot allocation and reduced plaintiff's land area
  2. 2 Whether the Land Office could relocate/alter lot allocations prior to issuance of final title
  3. 3 Whether plaintiff proved entitlement to the original measurement of 311.12 sq m and the precise location of the land purchased from John Chan

Ratio Decidendi

The High Court held that the Land Office was not negligent: qualified title is provisional and the State lawfully conducted JUPEM survey and issued final titles altering lot placement and area; LSM failed to prove defeasibility under s340 NLC or to call John Chan to establish original boundaries; consequently LSM's claim dismissed and TCF entitled to vacant possession with costs.

Court Disposition

Suit 121 dismissed; Suit 184 allowed (vacant possession granted)

Orders

  • Suit 121 dismissed with costs
  • Suit 184 allowed: order for LSM to deliver vacant possession of Lot 25787; damages consequential to vacant possession to be assessed separately