Malaysia Case Law: Decisions & Judgments

Topic

Indefeasibility of title (section 340 nlc)

Legal area

Court

19 Dec 2025

1. ) THURAISINGAM A/L PITCHAY MARIE 2. ) PUSPOM A/P PITCHAY MARIE CHEAH EWE HUAT

Citation

PA-11BNCvC-5-07/2025 (Mahkamah Tinggi)
Court

High Court
Case number

PA-11BNCvC-5-07/2025 (Mahkamah Tinggi)

The High Court affirmed the Magistrate: the plaintiff, as registered proprietor registered on 28.6.2016, holds an indefeasible title under Section 340 NLC; prior proceedings did not operate as res judicata because they involved different parties, were enforcement or procedural dismissals or did not reach a full trial on merits; the defendants occupied the premises without consent or payment after tenancy expiry and after transfer and therefore were trespassers; accordingly the plaintiff is entitled to immediate vacant possession and to general damages for trespass (subject to assessment); app…
15 Aug 2022

BL-24NCvC-22-04/2022 (Mahkamah Tinggi)

Citation

BL-24NCvC-22-04/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BL-24NCvC-22-04/2022 (Mahkamah Tinggi)

The application was dismissed because the plaintiff failed to satisfy pre‑conditions of s.145 NLC by not demonstrating that the defendant had been requested to consent or had refused consent and failed to discharge the evidential burden to produce expert surveyor/valuer evidence under s.102 Evidence Act; allowing the application would prejudice the defendant's registered indefeasible title under s.340 NLC.
8 Sept 2021

1. SAROJA A/P SUBRAMANIAM 2. MATHAVAN A/L SUBRAMANIAM 3. PARTHIPAN A/L SUBRAMANIAM 4. KALAIMANI A/L SUBRAMANIAM 5. SELVAM A/L SUBRAMANIAM 6. YELLAMAH A/P SUBRAMANIAM 7. JAMUNA RANEE A/P SUBRAMANIAM 8. MAHENDRAN A/L SUBRAMANIAM 1. KUMAR A/L

Citation

BL-22 NCVC-8-10/2020 (Mahkamah Tinggi)
Court

High Court
Case number

BL-22 NCVC-8-10/2020 (Mahkamah Tinggi)

The court refused the stay because the 29.7.2021 order did not create any executable order against the plaintiffs but merely struck out the writ and statement due to defendants' indefeasible title under Section 340 NLC; plaintiffs lacked locus standi and the application was procedurally defective; therefore no suspension of execution could be granted and costs were awarded.

Malaysia Case Law

1. ) THURAISINGAM A/L PITCHAY MARIE 2. ) PUSPOM A/P PITCHAY MARIE CHEAH EWE HUAT

BL-24NCvC-22-04/2022 (Mahkamah Tinggi)

1. SAROJA A/P SUBRAMANIAM 2. MATHAVAN A/L SUBRAMANIAM 3. PARTHIPAN A/L SUBRAMANIAM 4. KALAIMANI A/L SUBRAMANIAM 5. SELVAM A/L SUBRAMANIAM 6. YELLAMAH A/P SUBRAMANIAM 7. JAMUNA RANEE A/P SUBRAMANIAM 8. MAHENDRAN A/L SUBRAMANIAM 1. KUMAR A/L