Malaysia legislation
Section 99
Section 99
(2)
For the purposes of this section and of section 101, the expression “land or water” includes buildings, markets, fisheries, crops or other produce of land and the rents or profits of any such property.
(3)
A copy of the order shall be served in the manner provided by this Code for the service of a summons upon such person or persons as the Magistrate directs, and at least one copy shall be published by being affixed to some conspicuous place at or near the subject of dispute.
(4)
The Magistrate shall then, without reference to the merits of the claims of any of the parties to a right to possess the subject of dispute, peruse the statements so put in, hear the parties, receive the evidence produced by them respectively, consider the effect of such evidence, take such further evidence, if any, as he thinks necessary, and if possible decide whether any and which of the parties is then in actual possession of the said subject:
Provided that―
(a)
if it appears to the Magistrate that any party has, within two months next before the date of the order, been forcibly and wrongfully dispossessed he may treat the party so dispossessed as if he had been in possession at that date;
(b)
if the Magistrate considers the case one of emergency he may at any time attach the subject of dispute pending his decision under this section.
(5)
Nothing in this section shall preclude any party so required to attend from showing that no such dispute as aforesaid exists or has existed, and in that case the Magistrate shall cancel the order and all further proceedings on it shall be stayed.
(6)
If the Magistrate decides that one of the parties is then in actual possession of the said subject he shall issue an order declaring that party to be entitled to retain possession of it until evicted from it in due course of law, and forbidding all disturbance of such possession until such eviction.
Criminal Procedure Code 77
(7)
Proceedings under this section shall not abate by reason only of the death of any of the parties thereto.
Power to attach subject of dispute