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Merit Lilin Sdn Bhd - Coggle Diagram
Merit Lilin Sdn Bhd
Issue 3: Whether you can hold Quatro Sdn Bhd liable for its failure to ensure that the property was ‘free from encumbrances’ before delivering vacant possession?
Section 215(1) of the NLC, provides that the transfer under this Act of any alienated land shall be effected by an instrument in Form 14Athe land.
Section 215(2) states that the title of the transferor shall pass to and vest in the transferee upon the registration of any such transfer, together also with the benefit of any registered interests then enjoyed with the land.
Kwan Kok Kwong v Tremolo Resources, one of the main obligations of a vendor under a contract for the sale of land is to give a purchaser a title ‘free from encumbrances’ and since the defendant had failed to deliver the property in that state to the plaintiff, the defendant was held liable
Lim Cheng Im v Jagdish Kaur a/p Gurdial Singh, it was a case of a breach of contract for the sale of an immovable property. The court is further guided by the time-hallowed principle that no person can make a case out of his own fault
Timur Permai Holdings Sdn Bhd v Soon Seng Plywood & Timber Sdn Bhd (No 2) state that:
“ It would be unjust and unconscionable for the defendant to profit from its own breach.”
Issue 4: Whether you can change all the locks and request the utility companies to discontinue the supply of water to vacate Sunrise Supermarket and Jagjeet & Co.
Section 7 (2) of the Specific Relief Act 1950 does not allow the defendant to take the law into his own hand and forcibly evict the plaintiff from the property
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Dr Harjit Singh v Suhaimi bin Samat & Anor [1995] 2 AMR 1988, where the act of the defendant in locking out the plaintiff amounted to a tort.
Lee Nyan Hon & Bros Sdn Bhd v Metro Charm Sdn Bhd [2009] 6 MLJ 540, The landlord cannot retake possession of the property except by way of Court proceedings
Section 7 (2), as clarified in Er Eng Hong & Anor v New Kim Eng dan Tiap-tiap Pemegang Yang Menduduki atas Sebahagian Tanah Yang Dikenali Sebagai HS(M) [2000] 1 CLJ 289
Action to be taken
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Claim for breach of agreement and demand compensation from Quatro Sdn Bhd as per Section 74 of the Contracts Act 1950
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