1. SILVAM A/L SELLAPAN (NRIC No.: 651102-03-5243) (Suing as Chairman of Board of Governors of Sekolah Jenis Kebangsaan (Tamil) Vivekananda, Petaling Jaya) 2. SUBRAMANIAN A/L KARUPPIAH NRIC No.: 750106-10-5285) (Suing as Chairman of Parent-T

1. SILVAM A/L SELLAPAN (NRIC No.: 651102-03-5243) (Suing as Chairman of Board of Governors of Sekolah Jenis Kebangsaan (Tamil) Vivekananda, Petaling Jaya) 2. SUBRAMANIAN A/L KARUPPIAH NRIC No.: 750106-10-5285) (Suing as Chairman of Parent-T

The court held the School, BOG and PTA are not legal persons with capacity to sue under applicable education statutes and regulations; land could not lawfully be alienated or registered to them under s 10 LC(FMS) and s 43 NLC; the 4th Defendant possessed an equitable expectation of title from RIC approval which was preserved under s 4(1) NLC; the Declaration of Trust was invalid because there was no legal beneficiary and it conflicted with NLC; the initial registration in the School's name was unlawful and contrary to s 43 but the subsequent transfer to the 4th Defendant was valid and not procured by proven fraud, rendering the 4th Defendant's title indefeasible under s 340(1) NLC; the...

Citation
BA-22NCVC-584-11/2018 (Mahkamah Tinggi)
Parties
Plaintiff (chairman of Board of Governors, Sekolah Jenis Kebangsaan (tamil) Vivekananda, Petaling Jaya): SILVAM A/L SELLAPAN; Plaintiff (chairman of Parent Teacher Association, Sekolah Jenis Kebangsaan (tamil) Vivekananda, Petaling Jaya): SUBRAMANIAN A/L KARUPPIAH; 1st Defendant (former PTA Committee Member): TAMILSELVAM A/L VELUSAMY; 2nd Defendant (former PTA Committee Member): DARUMALINGGAM A/L SINNIAH; 3rd Defendant (former PTA Committee Member): NEDINGILIAN A/L BALAKRISHNAN; 4th Defendant (registered Charitable Company and Long Term Occupant/operator of the School): THE VIVEKANANDA ASHRAMA KUALA LUMPUR (Co. No.: 785-D); 5th Defendant (state Registrar of Titles): PENDAFTAR HAKMILIK NEGERI SELANGOR
Court
High Court
Jurisdiction
Malaysia
Judgment Date
10 August 2020
Case Number
BA-22NCVC-584-11/2018 (Mahkamah Tinggi)
Procedural Posture
Civil Suit (land/title Dispute Involving Educational Institution) / After Trial (judgment)
Outcome
This Action is dismissed; Plaintiffs' claims dismissed in full.
Legal Topics
Title Registration, National Land Code (nlc), Federated Malay States Land Code, Expectation of Title, Capacity to Sue, Trusts Regarding Land, Statutory Interpretation, Indefeasibility of Title, Rectification of Register, Government Grants
Source Language
Malay/English
Land Law Education Law Equity and Trusts Administrative Law Civil Procedure Title Registration National Land Code (nlc) Federated Malay States Land Code +7 more

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Parties

SILVAM A/L SELLAPAN

Plaintiff (chairman of Board of Governors, Sekolah Jenis Kebangsaan (tamil) Vivekananda, Petaling Jaya)

SUBRAMANIAN A/L KARUPPIAH

Plaintiff (chairman of Parent Teacher Association, Sekolah Jenis Kebangsaan (tamil) Vivekananda, Petaling Jaya)

TAMILSELVAM A/L VELUSAMY

1st Defendant (former PTA Committee Member)

DARUMALINGGAM A/L SINNIAH

2nd Defendant (former PTA Committee Member)

NEDINGILIAN A/L BALAKRISHNAN

3rd Defendant (former PTA Committee Member)

THE VIVEKANANDA ASHRAMA KUALA LUMPUR (Co. No.: 785-D)

4th Defendant (registered Charitable Company and Long Term Occupant/operator of the School)

PENDAFTAR HAKMILIK NEGERI SELANGOR

5th Defendant (state Registrar of Titles)

Procedural Posture

Civil Suit (land/title Dispute Involving Educational Institution) / After Trial (judgment)

Legal Issues

  1. 1 Whether the School, Board of Governors (BOG) and Parent-Teacher Association (PTA) have legal personality and capacity to sue
  2. 2 Whether land could be alienated to the School under s 10 LC (FMS)
  3. 3 Whether title could be registered in favour of School/BOG/PTA under s 43 NLC

Ratio Decidendi

The court held the School, BOG and PTA are not legal persons with capacity to sue under applicable education statutes and regulations; land could not lawfully be alienated or registered to them under s 10 LC(FMS) and s 43 NLC; the 4th Defendant possessed an equitable expectation of title from RIC approval which was preserved under s 4(1) NLC; the Declaration of Trust was invalid because there was no legal beneficiary and it conflicted with NLC; the initial registration in the School's name was unlawful and contrary to s 43 but the subsequent transfer to the 4th Defendant was valid and not procured by proven fraud, rendering the 4th Defendant's title indefeasible under s 340(1) NLC; the...

Court Disposition

This Action is dismissed; Plaintiffs' claims dismissed in full.

Orders

  • Declaration that the School, BOG and PTA lack legal capacity to sue and have no cause of action regarding the Land
  • Declaration that the Trust Declaration is invalid