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PBL, Jagjeet and Co has a right to sub tenant the second floor to melvin…

- - - - LUGGAGE DISTRIBUTORS (M) SDN BHD v TAN HOR TENG & ANOR [1995] 1 MLJ 719 the court held that Under s 323(1)(a) of the Code, a private caveat may be entered by any person or body who claims either the title to land or any registrable interest in land. Tenancies exempt from registration are not registrable and thus do not qualify as caveatable interests. Further, by virtue of the maxim generalibus specialia derogant, s 213(3) of the Code which is a special provision, excludes the operation of the general provision in s 323(1). As the respondents were exempted tenants, they had no caveatable interest in the land and the only protection available to them under the Code was an endorsement of the exempted tenancy upon the register document of title.
- - - - Section216,1(b) unless the instrument of transfer otherwise provides, there shall be implied on the part of the transferee, and in favour of the transferor, an agreement with respect to those provisions in the terms set out in sub-section (2).
      - Menta Construction Sdn Bhd v Lestari Puchong Sdn Bhd [2015] 6 MLJ 633
        Held, allowing the appeal, rectifying the SPA by deleting cl 2.2 therefrom, setting aside the orders of the courts below and ordering the respondent to transfer Lot 50603 to the appellant free of encumbrances within 30 days:
      - LEE CHIN CHENG DENGKIL OIL PALM v KAPLANDS SDN BHD [2003] 1 MLJ 177
        '. Therefore, in accordance with the terms of the agreement, the appellant was under an obligation to ensure that the said land was free from all encumbrances and with vacant possession on the completion date
- - - - (2) As provided in sub-section (2) of section 206, the provisions of sub-section (1) of that
        section shall not apply to the creation of, or dealings affecting, tenancies exempt from
        registration, and accordingly (a) any such transaction shall be valid whether effected in writing or by word of mouth
        only;
    - - will be on the contract law not under NLC because it did not registered.