9 Dec 2021
BAYANGAN SEPADU SDN BHD (Company No.: 302704-K) 1. JABATAN PENGAIRAN DAN SALIRAN NEGERI SELANGOR 2. PENGARAH PENGAIRAN DAN SALIRAN NEGERI SELANGOR 3. KERAJAAN NEGERI SELANGOR DARUL EHSAN
- Citation
- 01(f)-6-03/2021(B) (Mahkamah Persekutuan)
- Court
- f
- Case number
- 01(f)-6-03/2021(B) (Mahkamah Persekutuan)
The Court held that registration under the Torrens system is conclusive and confers indefeasible title; the alleged prior promise to surrender was an unregistered interest and could not defeat the appellant's registered title; statutory surrender provisions (sections 196, 200, 201 NLC 1965) were not complied with and consent of the chargee was not obtained, so no valid surrender occurred; consequently respondents' occupation constituted trespass and appellant is entitled to damages from 20 March 2017; appeal allowed and majority Court of Appeal decision set aside in favour of the minority rea…