CO129-595-5 Validity of registration of land during Japanese occupation 1-1-1945 - 31-12-1946 — Page 43

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16. CATEGORY 3 LANDS ALIENATED UNDER JAPANESE POLITICAL OR OTHER

PRESSURE.

17.

The remedies will be the same as under paragraph 15 above.

CATEGORY 4 LANDS OF ABSENTEE OWNERS OCCUPIED BY TRESPASSERS.

The register will be unaffected.

The Commission may, if requested, put the owner in possession and assess compensation for damage or waste. As a matter of policy, a set-off of the value of permanent improvements made by the trespasser should be allowed against a claim for such compensation. No claim for past rents and profits should be entertained.

18.

CATEGORY 5 - UNREGISTERED TRANSACTIONS.

If the Registers have not been properly maintained, there may be a number of transfers and other documents to be registered. This will primarily be a matter for Registrars, who will act as indicated in paragraphs 2(b) and 3. Persons aggrieved should be directed to apply

to the Commission.

19.

CATEGORY 6

DEVOLUTION OF LAND ON DEATH, BANKRUPTCY OR DISABILITY DURING THE JAPANESE OCCUPATION.

Such devolutions as are in accordance with pre-occupation law will require no remedy other than to be perfected by registration, where registration has not been effected.

Such devolutions as are not in accordance with pre-occupation law should be enquired into by the Commission at the instance of any person aggrieved.

20.

CATEGORY 7

M

DISPUTES AS TO BOUNDARIES OR TENURE.

In case any Registers have been destroyed, they will have to be re-constructed as far as possible by Registrars and officials of the Lands, Mines and Surveys Department. Persons aggrieved by the deci- sions of the Registrars in this connection should be directed to apply to the Commission; and the Lands Department should be entitled to apply to the Commission for confirmation of Land Settlements.

PART IV. MORTGAGES AND CHARGES.

21. "Mortgage", "mortgagor" and "mortgagee" respectively include "charge", "chargor" and "chargee". The cases likely to require remedy are cases of mortgages made prior to the Japanese occupation where the mortgagor or mortgagee or both were absent from Malaya or im- prisoned or interned during the Japanese occupation and unable to exercise their rights.

22.

(a)

(b)

B

CATEGORY 1 MORTGAGOR ABSENT, IMPRISONED OR INTERNED: MORTGAGEE FRESENT AND AT LIBERTY TO EXERCISE RIGHTS.

Mortgage interest should be deemed not to be payable from the occupation date until the date when the moratorium is lifted in that area. If any mortgage interest has, in fact, been paid during the period, it should not be recoverable.

If the mortgagee has remained out of possession and has not exercised any of his remedies, the pre-occupation position will be restored and mortgage interest will begin to run again from the expiration of the moratorium.

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