The Revisit Of Boonsom Boonyanit V Adorna Properties

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Dua hari lepas, selesai sahaja pihak Plaintif dan Defendan-Defendan menutup kes masing-masing, Mahkamah Yang Mulia telah menjemput pihak-pihak untuk berhujah mengenai satu keputusan Mahkamah Persekutuan yang terbaharu ini. Keputusan di dalam kes Pushpaleela a/p R Selvarajah & Anor v Rajamani d/o Meyappa Chettiar & Ors  [2019] 2 MLJ.


Azahar Mohamed FCJ (delivering judgment of the court): 
[152] Applying the well established principle to the present case, it is our considered opinion that the first defendant who conducted searches on the register and purchased the land in good faith and for valuable consideration, had, upon registration as the proprietor on the register document of title, acquired an indefeasible title, notwithstanding that the second defendant’s title itself is defeasible. Hence, subsequent transfer of the land to the first defendant and the registration thereof in the name of the first defendant was indefeasible by reason that the first defendant was the bona fide purchaser for valuable consideration. 
[154] On the issue, we conclude that a replacement title in continuation generated by the land registry, when the original issue document of title was at all material times in the possession of the original owner, is valid and capable of validly passing title to the purchaser. 
"To be more specific, a subsequent purchaser in good faith and for valuable consideration enjoys immunity from adverse claim to his title. For that reason, as between the competing claims of the original owner and the subsequent purchaser in good faith and for valuable consideration, the latter would be entitled to ownership of the subject land. Indefeasibility is conferred on the current registered proprietor, and not a former registered proprietor. This is a statutory protection accorded to a subsequent acquirer of interest."

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