Friday 15 January 2021

DEFENDANT TOLD THE COURT DOES NOT RECOGNISE THE SALE AND PURCHASE OF HOUSE IN VILLAGE RESERVE

 draft: Mon 31 Oct 2016


PENAMPANG. The struggle by a retiree to get back the family home sold by a sister without permission from the rest of the family, entered a second phase after the Native Court here had settled the case in August this year.
Previously, the Native Court had found the house as heritage of their parents where all the siblings have equal rights. However the land lot belongs to the government as it lies within a village reserve where the trustees are the Village Chief, District Chief and District Officer.
The court had ordered the house to be returned by the buyer to the family where the purchase price of RM58,000 will be refunded, RM30,000 to be paid by the sister who sold it and the rest to be paid by the other siblings.
The buyer is not staying in the house but renting it out to foreigners after carrying out minor repairs.
He had refused to comply with the court’s order and was summoned to a hearing in chamber but refused to accept the refund claiming he had already spent a lot on repairs.
 
Testifying in the dock as plaintiff, the retiree said he is ready with the full refund as per the chamber hearing. He said it was not fair to him to pay any additional amount because the buyer had been renting the house for RM700 per month and was repeatedly told by himself and the village chief not to carry out any works on the house when it was under dispute in court. He also claimed the buyer as defendant continued to modify the house despite being ordered to stop by the court during the chamber hearings.
The plaintiff concluded by asking the court to order the defendant to vacate the house and be locked with the keys surrendered to the court and all utility bills paid in full. He said if the defendant disagreed he will still continue to claim his rights on the house.
At this time a member of the gallery interrupted and requested to say something but was strongly admonished and warned by the bench that no one else is allowed to speak except the parties to the case, otherwise he would be thrown out of the courtroom.
 
In his defence the buyer said he is still representing his wife who actually signed the purchase agreement of the house as was the case in chambers. He claimed the house is legally his having bought it from the previous owner and claims no other people owned the house. As he had spent lots on repairs he would not accept just the original purchase price.
When asked by the court if he knows that government land cannot be bought or sold, he kept silent.
He instead submitted a bunch of his repair bills amounting to RM12,000.
Upon examining the bills on the spot, the bench told the defendant that the previous case was settled in August and court staff together with their own valuation expert had inspected the house and defendant told to return the house to the previous owner. The bench said all the bills submitted are dated in September. The defendant was then told that without the approval of the trustees, the sale of the house and land is not valid as it was against the law. However the defendant maintained his stand of not accepting the refund of RM58,000.
 
The plaintiff was then recalled and asked if he accepted the court’s valuation of repair works done up to August when the inspection was made with an amount of RM1280 only. After requesting for consultation with members of his family, he told the court he is willing to pay the extra amount.
After the plaintiff has signed his amended statement, the court announced a 20 minute break for the panel to discuss their verdict.
 
The judges comprising District Chief Bryan Matasing, Native Chief Andrew S Lidaun and Village Chief Jeffry Lajanty then came back to the court to announce their verdict: 
 
1.  The Native Court does not recognise the sale and purchase of the house without the approval of the trustees
 
2.  The Court still give consideration by ordering the return of the purchase price to the buyer
 
3.  The Courts evaluation of repair work done upon site inspection including fences, gate and roof amounted to RM1,280.
 
4.  The plaintiff will now refund RM59,280 within 14 days of the verdict and the buyer has also 14 days to accept.
 
5.  The house must be vacated within 14 days, locked and the keys surrendered to the court via the village chief.
 
6.  Any party not satisfied with the verdict has 60 days to appeal to the District Native Court
 
 
 
In closing the case, Matasing told the parties that although the court does not recognise the sale of the house, they are still sympathetic and tried to correct the mistakes by ordering the refund.
He advised both parties be calm and reconsider their follow up action to ensure the matter is settled.
 

No comments:

Post a Comment