(i) Section 6 prohibits only English Common law: Devi v Francis

(i)

Section 6 prohibits prohibit s only English Common law Devi v Francis

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In some some case cases, s, court courts s has has disagr disagreed eed that that sec sec 6 of the the civil civil law law act act prohibits the application of equitable rules to land matters The ct ct decide decided d the case case base based d on the the doctri doctrine ne of equit equitabl able e estoppe estoppell and recognized that the tenancy is a kind of irrevocable irrevocable license until the vendor oered to sell the land to the purchaser and the purchaser refused refused and then one month notice can be given to revoke the tenancy t held! held! the the land land law law in "ngl "ngland and is is one one thing thing and and equity equity is is anothe anotherr matter# $octr $octrine ine of irre irrevoc vocabl able e license license is reco recogni gnized zed but but not apply apply in this this case

Woo Yok Wan v Loo ek Chee %&aib 'ingh (, ) section 6 do not e*clude the "nglish equitable principle## +hat is precluded by section 6 is the "nglish aw relating to tenure or conveyance or assurance of or succession to any immovable property property or any estate, rights or interest therein but the section does not in any way preclude the application of the "nglish principles relating to equitable interest in land! land!

"l#re$ %empleton v Low Yat &ol$ings S$n! 'h$ -

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The The pf was was enti entitl tled ed for for ease easem ment ent eld eld that that . . shall shall not not aect aect the the contra contractu ctual al opera operatio tion n of any any transaction relating to alienated land and further of the view that this subsection provide authority for liberal application of equity whenever there is a basis of that# It is clea clearr that that the the ct never never acce accepte pted d the the eect eect of sec sec 6 as a whole whole but rather to halt any matters which has a direction relation to the land matters# Wong "h Yan v Lee oo Eng

iew "ccepting E*+ity ,otor Empori+m v "r+m+gam  The court has an inherent &urisdiction to do &ustice between the parties and thus apply equity#

-ar+ppiah Chettiar v S+bramaniam /y virtue of 'ection 016234 ., the courts may still enforce 5in personam claims relating to unregistered dealings#

.ecognition o# the /tr+st0 concept -The creation of a trust over land is recognised under the Trustee %ct 7898 and the .# The trust concept accepts the concept of legal and equitable ownership of land#

(ii)

Section 6 prohibits both English Common law an$ r+les o# e*+ity Datin Siti &a1ar v ,+r+gas+

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: is the ;egistered :roprietor of 0 pieces of land#
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)The .ational and ode applies to >alaysia the Torrens system of registration of title of land# The whole purpose of the system is to get away from the complicated system of rules which in "ngland

regulate dealings with land, particularly those relating to such matters as notice of encumbrances and trust#?

Chin Choy v Collector o# Stamp D+ties -

eld ! though the vendor became in equity, a trustee for the purchaser of an estate sold was a peculiarity of "nglish land law nevertheless held that section 6 of the < prohibits the reception of any "nglish law pertaining to land matters in >alaysia

2,'C v em+ng+t &asil %anah -ota %inggi 34578 9 ,L : C -

  ;ss+e! whether "nglish "quitable rules realting to release against forfeiture had e*pressly stated that sec 6 wide enough to cover the said principles of equity#

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the equitable rules were precluded by the section from being applied# owever, the ct went further to state that "nglish equitable principles of general application are applicable to land matter in >alaysia so long as their application is not inconsistent with the stated aims and ob&ective of the >alaysian Torrens system as embodied in the e*press provision of .#

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Therefore, sec 6 even though clearly bar the application of  equitable principle in realtion to tenure and conveyancing but it does not have any eect to the applicability of "nglish equitable principles of general application#

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%an Wee Choon v
'h$! =  The A held ! The ode does not prohibit the creation of an equitable charge, the ode being a complete and comprehensive code of law governing land!

E>ect o# Section 6 (+$icial "pproaches)

%engk+ aa#ar v! %he State o# ahang  The ord :resident held that the land law in :ahang before the Introduction of the Torrens system was Islamic law of 'haBi 'chool#

 +$icial "pproaches to Sec 9?6 @ Sec A7? 2a4

'ection 016234

 The provisions of . requiring dealings to be eected in the statutorily prescribed manner shall Cnot aect the contractual operation of any transaction relating to alienated land or any interest thereinD# "l#re$ %empleton v Low Yat &ol$ings S$n! 'h$ # eld! The . s 016234 shall not aect the contractual operation of any transaction relating to alienated land and further of the view that this subsection provides authority for the liberal application of equity whenever there is a basis for that#

-ar+ppiah Chettiar v S+bramaniam /y virtue of 'ection 016234 ., the courts may still enforce 5in personam claims relating to unregistered dealings#

2b4

'ection 3912942b4


 The "quitable concept of 5/are-Trust which states that the moment you have a valid contract for sale, the vendor becomes in equity, a trustee for the purchaser, was applied by the court#