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Section 10

Effect of possessory title

of Kelantan Land Settlement Act 1955

ActIn forceProvision 11 of 18
Section 10
(1)

Where a possessory title has been registered—

(a)

no suit, action or proceeding under the Code or otherwise may be brought by any person to establish any claim to ownership of or interest in the land if such claim existed prior to the date of the registration of possessory title unless such suit, action or proceeding is commenced before the expiration of eighteen months from the date of such registration;

(b)

if any such suit, action or proceeding as is referred to in paragraph (a) any judgment or order is given for the recovery of the registration as proprietor of the land in favour of the proprietor or person entitled to be registered as the proprietor of the land the subject matter of the suit, action or proceeding, the interest therein of the holder of the possessory title and of his successors and all interests created thereunder shall cease from the date of registration of the judgment or order:

Provided that he shall be deemed to have been entitled to the revenues of such land until the date of such registration unless the Court or Officer making the order shall otherwise direct;

(c)

if in any such action or proceeding a judgment or order is given or made in favour of the person claiming any other registerable interest in land such interest shall be registered against the possessory title in accordance with such judgment or order;

(d)

subject to section 12, a minor or person under disability may, within three years of his ceasing to be a minor or to be under a disability or within 25 years of the registration of the document of possessory title, whichever shall be the shorter, bring an action or proceeding under the Code to establish his interest in such land:

Provided that if the action is brought after the expiration of eighteen months from the date of registration of the document of possessory title a bona fide purchaser for value of land from the holder of a possessory title who has no notice, express or implied, of the claim of any minor or person under disability to any interest in such land shall take such land free of the interest of any minor or such person therein;

Kelantan Land Settlement 11

(e)

subject to the right of the proprietor or person entitled to be registered as proprietor or entitled to any other registerable interest in land to obtain a judgment or order in accordance with the provisions of the previous paragraph the holder of the possessory title or his successors shall be deemed to be the owner of the land and upon the expiration of the said period shall have an indefeasible title to the land within the meaning of section 340 of the

Code;

(f)

any minor or person under disability who has suffered loss by operation of the proviso to paragraph (d) shall be entitled to recover from the vendor the value of the purchase price or other consideration received by the vendor from the purchaser if action is brought within the period prescribed in paragraph (d).

(2)

Save as by this Act otherwise provided, a possessory title shall be treated in the same manner as any other title for the purpose of the Code or any other written law.