Malaysia legislation

Section 13

of *LIMITATION ACT 1953

Section 13

(2)

A tenancy from year to year or other period, without a lease in writing, shall, for the purposes of this Act, be deemed to be determined at the expiration of the first year or other period, and accordingly the right of action of the person entitled to the land subject to the tenancy shall be deemed to have accrued at the date of such determination.

(3)

Where any rent has subsequently to the determination of any tenancy been received in respect of the tenancy, the right of action shall be deemed to have accrued on the date of the last receipt of rent.

(4)

Where any person is in possession of land by virtue of a lease in writing by which a rent of not less than ten ringgit is reserved, and the rent is received by some person wrongfully claiming to be entitled to the land in reversion immediately expectant on the determination of

Limitation 19

the lease, and no rent is subsequently received by the person rightfully so entitled, the right of action of the last-named person to recover the land shall be deemed to have accrued at the date when the rent was first received by the person wrongfully claiming as aforesaid and not at the date of the determination of the lease.

(5)

This section shall not apply to any tenancy at will or lease granted by a Ruler or Yang di-Pertua Negeri or by the Government or the Government of any State.

Accrual of right of action in case of forfeiture or breach of condition

Section 13 — LIMITATION ACT 1953 | mylaw.my