Malaysia legislation
Section 9
Section 9
A person entitled to the possession of specific movable property may recover the same in the manner prescribed by the law relating to civil procedure.
Explanation 1—A trustee may sue under this section for the possession of property to the beneficial interest in which the person for whom he is trustee is entitled.
Explanation 2—A special or temporary right to the present possession of property is sufficient to support a suit under this section.
(a)
A pledges certain jewels to B to secure a loan. B disposes of them before he is entitled to do so. A, without having paid or tendered the amount of the loan, sues B for possession of the jewels. The suit should be dismissed, as A is not entitled to their possession, whatever right he may have to secure their safe custody.
(b)
A receives a letter addressed to him by B. B gets back the letter without A’s consent. A has such a property therein as entitled him to recover it from B.
Specific Relief 11
(c)
A deposits books and papers for safe custody with B. B loses them and C finds them, but refuses to deliver them to B when demanded. B may recover them from C, subject to C’s right if any, under section 121 of the
Contracts Act 1950.
(d)
A, a warehouse-keeper, is charged with the delivery of certain goods to Z, which B takes out of A’s possession. A may sue B for the goods.
Liability of person in possession not as owner, to deliver to person entitled to immediate possession 10.
Any person having the possession or control of a particular article of movable property, of which he is not the owner, may be compelled specifically to deliver it to the person entitled to its immediate possession, in any of the following cases:
(a)
when the thing claimed is held by the defendant as the agent or trustee of the claimant;
A, proceeding to Europe, leaves his furniture in charge of B as his agent during his absence. B, without A’s authority, pledges the furniture to C, and
C, knowing that B had no right to pledge the furniture, advertises it for sale.
C may be compelled to deliver the furniture to A, for he holds it as A’s trustee.
(b)
when compensation in money would not afford the claimant adequate relief for the loss of the thing claimed;
Z has got possession of an idol belonging to A’s family, and of which A is the proper custodian. Z may be compelled to deliver the idol to A.
(c)
when it would be extremely difficult to ascertain the actual damage caused by its loss; and
A is entitled to a picture by a dead painter and a pair of rare China vases.
B has possession of them. The articles are of to special a character to bear an ascertainable market-value. B may be compelled to deliver them to A.
(d)
when the possession of the thing claimed has been wrongfully transferred from the claimant.
12