Question
Sadik was alienated a piece of land by the State Authority in Sepang which is held in perpetuity. The category of land use endorsed on
Sadik was alienated a piece of land by the State Authority in Sepang which is held in perpetuity. The category of land use endorsed on the title was "Building" and the express condition imposed was "for Residential only" Sadik would like to develop the land as a housing estate,. He appointed Kejora Sdn Bhd as the contractor to undertake and complete the project. Sadik had submitted all the necessary applications to the relevant authority before starting with the groundwork for the project.
Yusof was the registered proprietor of a piece of land adjacent to Sadik's land. Yusof constructed a single storey house and rented out one room to Azril for a period of two (2) years effective on the 1st of November 2020 at a monthly rental of RM500 a month. On the 1st of October 2021, Yusof decided to sell the land to Kamal at RM450,000 and both parties entered into a sale and purchase agreement.Kamal paid a deposit sum of RM100,000 and was given a period of three (3) months to settle the balance of the purchase price.
With reference to National Land Code 1965 and decided cases, answer the following questions.
- Sadik received a letter from the state Authority confirming that his application to develop the land was approved on a condition that Sadik surrenders his present title to be replaced with a leasehold of 99 years. Sadik would like to challenge the decision of the State Authority for imposing such condition.
Advise Sadik.
- Recently Sadik received a notice in form 7 B from the state Authority. Sadik seeks your advice on the significance of the notice. Assuming there is a breach of condition of land use, outline the procedure that has to be followed by the Land Administrator before he can enforce forfeiture of Sadik's land. Provide a relevants cases
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- Azril received a notice from Kamal requesting him to vacate his rented room. Azril would like to know whether there is any provision under the National land Code 1965 to protect the interest of the tenants like him.Provide a relevants cases
20 marks
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