Pentadbir Tanah Daerah Timur Laut, Pulau Pinang v Yeoh Oon Theam
Civil Appeal No. P-01-306-08/2014; Court of Appeal
Date of Judgment: 14 December 2016 | Source: Federal Court Registry
By notice of demand dated 22.4.1997, the appellant demanded from the respondent a sum of RM343,832.93 being quit rent, arrears of quit rent and penalties due in respect of Lot 3475, Section 5, Georgetown, Penang within 21 days from the date of the notice, and in default thereof the appellant threatened to commence forfeiture proceedings against the respondent which would have resulted in the land being forfeited to the State Authority under section 100 of the National Land Code ("the Land Code"). The notice of demand was issued pursuant to section 97 of the Land Code. The respondent paid the sum of RM343,832.93 under protest.

IN THE COURT OF APPEAL OF MALAYSIA

CIVIL APPEAL NO. P-01-306-08/2014

BETWEEN

PENTADBIR TANAH DAERAH TIMUR LAUT, PULAU PINANG ... APPELLANT

AND

YEOH OON THEAM ... RESPONDENT

[IN THE MATTER OF PULAU PINANG HIGH COURT

ORIGINATING MOTION NO. 25-80-1997

BETWEEN

YEOH OON THEAM ... PLAINTIFF

AND

PENTADBIR TANAH DAERAH TIMUR LAUT, PULAU PINANG ... DEFENDANT]

CORAM: MOHD ZAWAWI SALLEH, JCA; VERNON ONG LAM KIAT, JCA; ABDUL RAHMAN SEBLI, JCA

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For the Appellant: Dato' Aliza Sulaiman, State Legal Advisor, of the State Legal Advisor's Office, Penang.

For the Respondent: Datuk Mahinder Singh Dulku (Dato' Ong Eng Khuan and Jegathesan Karupiah with him) of Thayalan & Associates.

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