Reference no: EM133214708
Ahmad owns a company, Mad Sdn Bhd (hereinafter known as "MSB") is the registered proprietor of a piece of 50 hectares freehold land with two (2) contiguous titles. Recently the company entered into a sale and purchase agreement to sell one of the titles which has areas of 10 hectares of the land. The company planned to develop the rest of the land title into a housing estate. MSB submitted to the Land Authorities an application to convert the category of land use from agriculture to building and for its subdivision, MSB was informed that both applications would be approved on condition that MSB give up its freehold title for a leasehold of ninety-nine (99) years. Ahmad was frustrated with the conditions, and to make things worse, the sale and purchase agreement failed to proceed due to consent issues.
Meanwhile, Ahmad's grandfather Tok Raja occupied a piece of agricultural land in Banting under a Temporary Occupation License (hereinafter known as "TOL") since 2018. He planted several types of vegetables and built two (2) units of semi-detached house whereby Tok Raja and his family members occupied the house. His cousin, Minah rented one of the units and she signed a Tenancy Agreement with Tok Raja every 2 years since 2018.
In June 2019, Tok Raja found the TOL land was full of good quality of clay. When applying for renewal of license in October 2021, he was advised by a friend to fill in Form 4B. Tok Raja's application for TOL and extracting rock material was approved for five (5) years.
Tok Raja spend most of his time extracting the clay on his land rather than planting vegetables. He wrote a will to bequeath the land to his son, Jimi. Tok Raja died in January 2022. Jimi took over his father's business and extract the clay as usual. Jimi decided to terminate the Tenancy Agreement with Minah since he found a new tenant that offers higher rent than Minah.
Answer the following questions with the statute and relevants cases. Please provide in essay form
(a) cand what should she do to protect her interest in the land.
(b) Ahmad wishes to proceed with the sale and purchase of the land. He seeks for your advise. He also would like to know whether his company needs to proceed in giving up the freehold titles to approve the two (2) applications to the Land Authorities.
(c) Jimi received a notification from the Land Administrator that the TOL has been terminated and he has been given 2 weeks' notice by Ratu, the new TOL Holder to vacate the land. Advise Jimi.