TAN CHIN HOCK @ SUNNY 1. ) MAJLIS PERBANDARAN KAJANG 2. ) PENDAFTAR HAKMILIK NEGERI SELANGOR 3. ) Pentadbir Tanah Daerah Hulu Langat

TAN CHIN HOCK @ SUNNY 1. ) MAJLIS PERBANDARAN KAJANG 2. ) PENDAFTAR HAKMILIK NEGERI SELANGOR 3. ) Pentadbir Tanah Daerah Hulu Langat

On the balance of probabilities the Court found the original IDT authentic and that the impugned land existed but was removed from land office records during digitisation; the 2nd and 3rd defendants negligently failed to migrate and verify historical records and thereby caused an unlawful loss of the plaintiff's property right; as a result the alienation and title issuance that incorporated the impugned land to the 1st defendant were null and void insofar as they included the impugned land; plaintiff's limited declaratory relief (to set aside HSD 145180 PT 53620) was therefore granted and the 2nd and 3rd defendants were ordered to pay costs to the plaintiff.

Citation
BA-22NCvC-195-05/2021 (Mahkamah Tinggi)
Parties
Plaintiff (heir): Tan Chin Hock @ Sunny; 1st Defendant: Majlis Perbandaran Kajang; 2nd Defendant: Pendaftar Hakmilik Negeri Selangor; 3rd Defendant: Pentadbir Tanah Daerah Hulu Langat, Selangor
Court
High Court
Jurisdiction
Malaysia
Judgment Date
28 February 2023
Case Number
BA-22NCvC-195-05/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Land Title Dispute (torrens System) / Judgment After Full Trial
Outcome
Plaintiff's claim allowed in part
Legal Topics
Land Title, Torrens System, Data Migration/digitisation of Land Records, Negligence by Public Authority, Indefeasibility, Limitation (continuing Wrong)
Source Language
Malay/English
Property Law Administrative Law Constitutional Law Land Registration Law Land Title Torrens System Data Migration/digitisation of Land Records Negligence by Public Authority +2 more

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Parties

Tan Chin Hock @ Sunny

Plaintiff (heir)

Majlis Perbandaran Kajang

1st Defendant

Pendaftar Hakmilik Negeri Selangor

2nd Defendant

Pentadbir Tanah Daerah Hulu Langat, Selangor

3rd Defendant

Procedural Posture

Civil Land Title Dispute (torrens System) / Judgment After Full Trial

Legal Issues

  1. 1 Whether the impugned land existed and was owned by the deceased/plaintiff's family
  2. 2 Whether land office digitisation resulted in wrongful removal of the impugned land from records
  3. 3 Whether the alienation and issuance of title(s) to the 1st defendant were lawful and resulted in indefeasible title

Ratio Decidendi

On the balance of probabilities the Court found the original IDT authentic and that the impugned land existed but was removed from land office records during digitisation; the 2nd and 3rd defendants negligently failed to migrate and verify historical records and thereby caused an unlawful loss of the plaintiff's property right; as a result the alienation and title issuance that incorporated the impugned land to the 1st defendant were null and void insofar as they included the impugned land; plaintiff's limited declaratory relief (to set aside HSD 145180 PT 53620) was therefore granted and the 2nd and 3rd defendants were ordered to pay costs to the plaintiff.

Court Disposition

Plaintiff's claim allowed in part

Orders

  • Declare null and void and cancel title HSD 145180, PT 53620, Seksyen 3, Bandar Cheras, Daerah Hulu Langat, Selangor insofar as it includes the impugned land
  • 2nd and 3rd defendants to be jointly and severally liable to pay costs of RM20,000.00 to the plaintiff (subject to allocator fees)