Test 1 - Land Law - Temporary Occupational License PDF

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Temporary Occupational License Holder - Mandatory assignment on Land Law - TOL holder can make transfer/not...

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a) Along claimed that as he had been staying on the said land for a long time and the confirmation made by the member of legislative body that he would be granted the said land and it constituted as an approval of the State Authority, he should be given priority to get the said land as he is the TOL holder. If he failed in his legal action, he should be compensated for whatever loss suffered by him in developing the land. Advise Along. The issue is whether Along is a valid TOL holder and have grounds of action to claim for compensation. 1. Section 68, TOL is not capable of transfer / transmission on death. Case : Pappoo v Veeriah 1963 2. Section 68, TOL shall terminate on death of the holder. 3. Fatimah v Moideen Kutty : TOL not capable of being inherited ; the

respondent had been staying on the land originally held by the appellant’s disease husband’s death in August 1962, the collector had renewed the TOL for the following year (1963) in the deceased’s name. However, upon being informed of the husband’s death, the collector refused to renew it after the end of 1963. In the proceedings commenced in the magistrate’s court, the appellant had sued the respondent for rent due for the period beginning in July 1, 1964 and ending on february 28, 1965. The claim was dismissed by the magistrate’s court as being without any basis, and this decision was upheld by both the High Court and the Federal Court. 4. Condition of TOL, the holder is not entitled to any compensation upon the termination of the license. Case : Teh Bee v. K.Maruthamuthu 1977 5. Section 67(3) of the National Land Code 1965 stated that subject to the

condition underwhich a temporary occupation license is issued, the Land Administrator may in the application of a licensee renew such a license for a term of not more than one calendar year. Provided that there shall not be more than three renewals made in respect of a temporary occupation license unless a prior written approval of the State Authority has been obtained. 6. Section 77(1) of the NLC ; Titles of which land may be alienated are Registry title, Land Office Title and qualified title....