Section 222
Section 222
In any case in which it appears to the Registrar that the registration of any estate or interest in land, or any entry relating thereto, has been included in the Register in contravention of section 112(6), he shall enter such caveat as is provided for in section 221(1)
and shall further, by notice in the Gazette and by notices posted on or near the land, state that such caveat has been entered and that, if such caveat remains on the Register for more than six months from the date when it was first entered, the registration in the Register which led to the entering of the caveat shall be cancelled.
[Am. Reprint Commissioner.]
Cancellation of registration upon expiry of period stated in notice or of any extended period 223.⎯(1) Subject to this section and sections 224 to 226
inclusive, if, upon the expiration of the period mentioned in section 221(2)(b) or the period mentioned in the notice referred to in section 222, the caveat mentioned in section 221 or 222 has not been removed from the register, the Registrar shall cancel from the previous register or from the Register, as the case may be, the registration in respect of which the caveat was entered.
(2)
Notwithstanding subsection (1), if, prior to the expiry of the respective periods therein mentioned⎯
(a)
a competent court orders that such period be extended;
or
(b)
the Registrar, upon application made to him by any party interested, considers that either of the periods mentioned in subsection (1) should for any cause which he may deem sufficient be extended, then, subject as hereinafter provided⎯
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(i)
if paragraph (a) applies, the order of the court shall have effect; or
(ii)
if paragraph (b) applies, the Registrar may as often as he may consider expedient grant a further extension:
Provided that the aggregate period comprised by the original period and any extension ordered or granted shall not by virtue of this section exceed⎯
(a)
in the case of section 221, three years; or
(b)
in the case of section 222, eighteen months.
Jurisdiction and powers of Court after entry of a caveat under section 221 or 222 224.⎯(1) If a caveat has been entered under section 221 or 222, the High Court shall have jurisdiction, upon application by any party interested in obtaining such relief, to make such order or orders as in its judgment is or are necessary to enable justice to be done.
(2)
Without prejudice to the generality of subsection (1), the
High Court shall have power to make an order⎯
(a)
declaring that the registration of any estate, interest or entry, in respect of which the caveat has been entered, may lawfully form part of the Register;
(b)
that the registration of any estate or interest or any entry should not be cancelled from the Register;
(c)
vesting any estate or interest in the person who in its judgment is, or would if the necessary relief were granted by the
Court be, entitled thereto;
(d)
appointing new or additional trustees of any trust express or implied;
(e)
declaring what duties, taxes or other charges require to be paid to the Government before any registration should be
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included in the Register in the names of such person as may be specified in the order;
(f)
directing the Registrar to refrain from taking any course he proposes to take; and
(g)
granting any relief consequential upon any order made by the Court.
(3)
Any application under this section may be made by summons, which shall be served upon the Registrar and upon such other persons as the Court may direct.
(4)
The Court shall have power to make such order as to costs as it may consider just in all the circumstances of the case.
(5)
For the purposes of this section and of section 223, the expression “any party interested” includes any person claiming under a person who would have a right to apply for the removal of the caveat under section 177 and, in the case of the subsistence of any charitable trust in any registered estate or interest, includes the trustees and beneficiaries under such trust and the State Attorney-General.
Withdrawal of caveat and effect thereof 225.⎯(1) The Registrar⎯
(a)
may of his own motion withdraw any caveat entered under section 221 or 222 if he is satisfied by such evidence as he may deem sufficient⎯
(i)
that it should not have been entered; or
(ii)
that a registration may now lawfully be made in lieu of the registration in respect of which the caveat was entered; and
(b)
shall withdraw the caveat if he is ordered to do so by a competent court.
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(2)
Upon the withdrawal of any caveat entered under section 221, the Registrar shall, if the previous register was a register under the former Land Settlement Ordinance [Cap. 28 (1948 Ed.)], include in the Register the registration in respect of which the caveat was entered and any registration previously excluded by virtue thereof;
and, if the previous register was a register kept under the former Land
Ordinance [Cap. 27 (1948 Ed.)], the question, if and so far and when it arises, as to whether any registration should form part of the
Register, otherwise than by virtue of section 112(2), shall be dealt with and resolved in like manner as it would have been dealt with and resolved if the caveat had not been entered:
Provided that account shall be taken of any order made by a competent court and of any transaction or matter, including the furnishing of any particulars or other evidence ensuing after the entry of the caveat and account of which may lawfully be taken by the
Registrar.
Saving for powers conferred by Part V