1984 Ed.]
Land Transactions (Enemy Occupation )
[CAP. 256
3
or addition made by virtue of this Ordinance, shall, save in so far as any such entry, variation or addition is lawfully deleted, constitute actual notice of the transaction particulars of which are recorded by the entry. (Amended, 25 of 1956, s. 2)
4. (1) A Japanese assignment shall be construed and take effect as a valid and subsisting agreement by the assignor to assign on demand without further consideration and (save in so far as such agreement or other instrument otherwise provides) at the cost of the assignee or other person lawfully requiring the same the property to which such assignment relates in the form which would have been directed by the court prior to the Japanese occupation in a successful action for the specific performance of such an agreement.
(2) Without prejudice to the generality of subsection (1) unless the Japanese assignment otherwise provides or the context thereof or the true intention of the parties otherwise requires, a reference to a house or building in such an assignment shall be deemed to include the land enjoyed with such house or building at the date of the execution of such assignment, together with all rights, members, easements or appurtenances belonging or appertaining to such land, house or building.
5. (1) Where any property, or part thereof, has during the Japanese occupation been the subject matter of successive Japanese assignments, then, the assignee under the last of such assignments may at his own expense require the assignor on the last and any prior assignment to confirm unto the assignee under the last of such assignments, or as he may direct, the property or part thereof, as the case may be, the subject matter of the last of such assignments.
(2) Where any property was assigned by way of mortgage before the Japanese occupation and the mortgage debt has been validly discharged, then if the property has been the subject matter of a Japanese assignment or of successive Japanese assignments, the assignee under such assignment or the last of such successive assignments, as the case may be, may require the mortgagee at the expense of such assignee to reassign the property to him or as he may direct.
(3) Any requirement lawfully made under this section may be enforced by action commenced by writ of summons in the original jurisdiction of the court in like manner as if the liability to comply therewith had been included in a contract relating to the property in respect of which such requirement had lawfully been made under this section.
6. (1) If proceedings have been commenced in the original jurisdiction in relation to any dispute or difference between any persons as to the construction or effect of any instrument registered or recorded in the Japanese registers, or as to the liability of any person to assign or reassign or confirm the assignment of any property to which any such instrument purports or is alleged to
Construction of instrument registered in Japanese registers.
Provision in case of successive transactions.
Proceedings in relation to disputes.