Ha Siaw Shyong Mhd Aizat Roni Lawrence Tan Kim Tai

LEB120106 LEB120108 LEB120114

A (TOL holder) rented out two rooms to R at a monthly rental of $30

A terminated the tenancy through lawful notice in writing, R refused to deliver up possession

R argued that the tenancy was illegal, thus void because A was only a TOL holder and had no rights in transferring the land.

Rule 41 of the Land Rules 1930

No license for the temporary occupation of State land shall be transferable.

Whether the letting of a portion of premises erected on State land by TOL holder was a transaction prohibited by rule 41 of the Land Rules 1930?

Was the letting on monthly tenancy of two rooms by a TOL holder considered as an attempt to TRANSFER his rights and interests under his TOL license?

A TOL holder may deal with his license in anyway so long it does not amount to assignment of the license

DEALINGS which does not amount to TRANSFER are therefor not caught by rule 41 of the Land Rules 1930

The letting out of two rooms on the premise did not amount to TRANSFER of the license

The tenancy is legal, R is trespasser and A has a right to entitle an order of possession

Does not prohibit any other dealing which is not a transfer or a colourable transfer. Therefore, it does not prohibit renting out the place.

There should not be any difference between transferable under r 41 and assignment under s.68 NLC

A TOL holder has possession of the land and can bring an action against trespasser (Julaika Bivi v Mydin)