RELEVANT LAW OR LEGAL RULES INVOLVED
1) UNLAWFUL OCCUPATION BY THE DEF ON STATE LAND
Section 48 of NLC states that -no title to state land shall be acquired by possession,
unlawful occupation or occupation under any license for any period or whatsever
EVIDENCE: In this case, the defendant whom found guilty of trespass has no rights
to claim that the land is his because he is an unlawful occupant at the first place
before the land was passed to the plaintiff and any unlawful occupation of state land
even after a long time would not enable the occupier to obtain tittle to the land
2) JUS TERTII DEFENCE
Jus tertii is a defence which may be raised by the defendant that a third party has a
better right to the land then the plaintiff’s right over the same. However, defendant
cannot raise the jus tertii against another who has possession in fact, unless the def
acted under the instruction of the third party who has a better right to possession
than the plaintiff
EVIDENCE: In this case the def whom was held guilty as he could not show better
right to show possession himself can raise the defence of jus tertii if he is instructed
by the state authority to defend himself against the allegation of plaintiff
3) SEC 425 NATIONAL LAND CODE 1965 states – whoever occupies, on any state
land, reserved land or mining land without lawful authority shall be guilty of an
offence.
Any person who unlawfully occupies, cultivates or even removes produces from such
land commits an offence under the section 425 of the code and can be punished with
a fine not exceeding RM 5000 or imprisonment not exceeding 5 years or both
4) SEC 341 NATIONAL LAND CODE states- adverse possession of land for any length
of time shall not constitute a bar to the bringing of any action for the recovery by the
proprietor or any person or body entitled to an interest therein
EVIDENCE : in this case, the defendants claim over the land as a squatter wil be
dismissed as he can only obtain a state land by way of a formal application for land
based on the rules and regulations set down in the Code and the same shall be also
applicable to the plaintiff as he does not have a proper formal right over the land
despite his possession in fact.