72
Laws of Malaysia
Act 593
Chapter XI
DISPUTES AS TO IMMOVABLE PROPERTY
Procedure where dispute concerning land, etc., is likely to
cause breach of peace
99. (1) Whenever a First Class Magistrate is satisfied, from a
police report or other information that a dispute likely to cause
a breach of the peace exists concerning any land or water or the
boundaries thereof within the local limits of his jurisdiction, he
shall make an order in writing stating the grounds of his being
so satisfied and requiring the parties concerned in the dispute to
attend his Court in person or by advocate within a time to be
fixed by the Magistrate and to put in written statements of their
respective claims as respects the fact of actual possession of the
subject of dispute.
(2) For the purposes of this section and of section 101, the
expression “land or water” includes buildings, markets, fisheries,
crops or other produce of land and the rents or profits of any
such property.
(3) A copy of the order shall be served in the manner provided
by this Code for the service of a summons upon such person or
persons as the Magistrate directs, and at least one copy shall be
published by being affixed to some conspicuous place at or near
the subject of dispute.
(4) The Magistrate shall then, without reference to the merits of
the claims of any of the parties to a right to possess the subject of
dispute, peruse the statements so put in, hear the parties, receive
the evidence produced by them respectively, consider the effect
of such evidence, take such further evidence, if any, as he thinks
necessary, and if possible decide whether any and which of the
parties is then in actual possession of the said subject:
Provided that—
(a)
if it appears to the Magistrate that any party has, within
two months next before the date of the order, been
forcibly and wrongfully dispossessed he may treat the
party so dispossessed as if he had been in possession
at that date;
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