Section 28
No person chargeable with rent bona fide paid to holder under defective title
No person shall be chargeable with any rents or profits of any immovable property which he has bona fide paid over to any person of whom he bona fide held the same notwithstanding it afterwards appears that the person to whom the payment was made had no right to receive such rents or profits.
(2)
If any person erects any building or makes an improvement upon any land held by him in the bona fide belief that he had an estate in fee simple or other absolute estate, and that person, his executor or assign, or his under-tenant is evicted from the land by any person having a better title, the person who erected the building or made the improvement, his executor or assign shall be entitled either to have the value of the building or improvement so erected or made while the land was held by him and in that belief estimated and paid or secured to him or at the option of the person causing the eviction to purchase the interest of that person in the land at the value thereof but not taking into account the value of the building or improvement.
(3)
The amount to be paid or secured in respect of the building or improvement shall be the estimated value of the same at the time of the eviction.
(4)
Every tenant holding over after the determination of his tenancy shall be chargeable, at the option of his landlord, with double the amount of his rent until possession is given up by him or with
34 Laws of Malaysia Act 67
double the value during the period of detention of the land or premises so detained, whether notice to that effect has been given or not.
(b)
Paragraph (a) shall have effect in Sabah subject to section 26
of the Rent Control (Business Premises) Enactment 1965 of Sabah
[En. 1 of 1966] and in Sarawak subject to section 19 of the Rent
Control Ordinance of Sarawak [Cap. 86].
(5)
When any writ or summons issued by a landlord against a tenant for the recovery of immovable property is served on or comes to the knowledge of any subtenant of the plaintiff' immediate tenant, the subtenant being an occupier of the whole or any part of the premises sought to be recovered, he shall forthwith give notice thereof to his immediate landlord, under penalty of forfeiting three years’ rack rent of the premises held by the subtenant to the person of whom he holds, to be recovered by that person by action in any Court having jurisdiction.