Chapter 1

Definitions and Meanings

Contents Pages
1.1 Immovable Property 2
1.2 Attached to the Earth 3
1.3 Notice 8
 2

Definitions and Meanings

1.1 'Immoveable Property'

According to section (3) of the Transfer of Property Act, 'immoveable

property' does not include standing timber, growing crops or grass.

We can find this definition in another Act, that is The Registration Act

in which section 2(6) provides as follows:- "Immoveable property" includes

land, buildings, hereditary allowances, right to ways, lights, ferries, fisheries

or any other benefits to arise out of land and things attached to the earth or

permanently fastened to anything which is attached to the earth but not

standing timber, growing crops nor grass.

(The Registration Act)

 3

1.2 Attached to the Earth S.3

"Attached to the earth" means

----

(a) rooted in the earth, as in the case of trees and shrubs;

(b) imbedded in the earth, as in the case of walls or buildings;

 4

(c) attach to what is so imbedded for the permanent beneficial

enjoyment of that to which it is attached.

ဂ

In order to determine what is or what is not immoveable property as

result of attachment or annexation to land, two tests have been laid down, (1)

The degree or mode of annexation and (2) the object or purpose of

annexation. The second test is more important for the purpose of annexation

is as long as it lasts.

-
 5

(Mode of Annexation)

(Object of Annextion)

(Standing Timber)

Kapurchand (Myanmar) Ltd vs The Myanmar National

Reforming Company and Others 1955 B. L. R. P. 278 (H.C)

'Petrol pump' whether immoveable property, "Immoveable property"

as defined in S.3 of the General Clauses Act includes "Land, benefits to arise

out of land and things attached to the earth".

1
Kapurchand (Burma) Ltd., V The Burmese National Reforming Co., & others; 1955 R-L. 278 (C.H)
 6

The meaning of the words "things attached to the earth" is also given

in S.3 of the Transfer of Property Act.

(a) rooted in the earth, as in the case of trees and shrubs;

(b) imbedded in the earth, as in the case of walls or buildings;

(c) attached to what is so imbedded for the permanent beneficial

enjoyment of that to which it is attached.

The petrol pump is a mechanical device set up on the road-side

pavement for the purpose of retailing petrol under licence.

The conditions of such as licence require that the petrol tank supplying

the whole contrivance, the reservoir of petrol below the surface of the public

pavement and the mechanical pump above, is in the nature of a mere trade

fixture what is of real value to the defendants in the petrol pump is not the

pump itself but the licence under which they are permitted to retail petrol by

its use within the limits of the city of Rangoon. This licence together with the

merchanical device by which the licence is worked for profit cannot be

considered to be immoveable property. Thus, it can be seen that nowadays,

petrol pump is an immoveable property.

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1
 8

1.3 Notice

(Notice)

Section 3 A person is said to have "notice" of fact, when he actually

knows that fact, or when, but for willful abstention from an inquiry or search
which he ought to have made, or gross negligence, he would have know it.
An actual notice, to constitute a binding notice must be definite
information given by a person interested in the thing in respect of which
notice is issued, for it is settled rule that a person is not bound to attend to
vague rumours statment by mere strangers, and that a notice to be binding
must proceed from some person interested in the thing.
There are 3 kinds of notice namely (1) actual notice (2) constructive
notice and (3) notice to agent.
(1) Actual notice- A person is said to have actual notice of fact when he
actually know it. An actual notice to constitute a binding notice must
be definite information given by person interested in the thing in
respect of which the notice is issued, and it must be given in the same
transaction.
(2) Constructive notice- A person is said to have constructive notice of a
fact when but for (1) wilful abstention from inquiry of search or (11)
gross negligence, he would have known it.
(3) Notice to agent- Operate as constructive notice to the principle. The
principle of this rule is base on the maxium " Qui facit per alium facit
per se" ie he who does by another, does by himself.
 9

(Actual Notice)

(Constructive Notice)

) (Notice to Agent)

Explanation I – Registration is notice

(Registration is Notice)

Where any transaction relating to immoveable property is required by

law to be and has been effected by registered instrument, any person

acquiring such property or any part of, or share or interested in, such property

shall be deemed to have notice of such instrument as from the date of

registration or where the property is not all situated in one sub-district, or

where the registered instrument has been registered under sub-section(2) of

section 30 of the Registration Act, from the earliest date on which any

memorandum of such registered instrument has been filed by any sub-

Registrar within whose sub-district any part of the property which is being

acquired, or of the property where in a share or interest is being acquired, is

situated: provided that : -

 10

(1) the instrument has been registered and its registration

completed in the manner, prescribed by the

Registration Act and the rules made there under,

(2) the instrument or memorandum has been duly entered

or filed, as the case may be, in books kept under

section 51 of that Act, and

 11

(3) the particular regarding the transaction to which the

instrument relates have been correctly entered in the

indexes kept under section 55 of that Act.

(Indexes)

1
R. VAZ V. MONI SINGH A.L.R 1929, Ran. 34.
 12

Explanation II Possession amounts to notice

(Possession Amounts to Notice)

Any person acquiring any immoveable property or any share or

interest in any such property shall be deemed to have notice of the title, if

any, of any person who is for the time being in actual possession thereof.

-
 13

Explanation III Notice to agent

) ((Notice to Agent)

A person shall be deemed to have had notice of any fact if his agent

acquires notice thereof whilst acting on his behalf in the courese of business

to which that act is material.

Provided that, if the agent fraudulently conceals the fact, the principal
shall not be charged with notice there-of as against any person who was a
party to or otherwise congnizant of the fraud.

-
 14

Key Terms

immoveable Property -

attached to the earth -

permanent beneficial -

imbedded

mode of annexation -

notice -

actual notice -

notice to agent -

gross negligence -

possession amounts to notice -

 15

Assigment Questions

1. Explain "Immoveable Property with relevant cases.(1.1)

2. When is a person to be said to have notice of facts regarding

immoveable property?(1.3)

3. Registration is notice, explain.(1.3)

Short Question

1. When is a person said to have notice of a fact?(1.3)

2. Define: "notice" as used in the Transfer of Property Act.(1.3)

 Chapter 2

Transfer of Property by Parties

Contents Pages

2.1 Transfer of property Sec:5 2

2.2 What may be transferred Sec:6 4

2.3 Persons competent to transfer Sec: 7 7

2.4 Operation of transfer Sec: 8 8

2.5 Oral transfer Sec: 9 10

2.6 Transfers by Ostensible Owner Sec: 41 12

2.6.1 Benami Transaction 21

2.7 Transfer of property pending suit relating there to

(Lis-Pendens) Sec: 52 25

2.8 Part performance S.53 (A) 32

2.8.1 Essential Element of Part Performance 36

 2

Transfer of Property by Parties

2.1 Transfer of Property Sec: 5

In the following section "transfer of property" means an act by which a

living person conveys property, in present or in future, to one or more other

living persons, or to himself, and one or more other living persons, and to

transfer property" is to perform such an act.

။ -၅

၊ ၊

In this section "living person" includes a company or association or

body of individuals, whether incorporate or not, but nothing herein contained

shall effect any law for the time being in force relating to transfer of property

to or, by companies, associations or bodies of individuals.

 3

။ ၊

It will be observed from this definition that the term "transfer" is used

in the Act in its widest and most generic sense comprehending all the species

of contract which pass real rights or interests as they are called in the Act, in

property from one person to another. In fact, the essense of the word

"transfer" is to convey and therefore, a transfer of property would include not

only the five specific categories of transfer dealt with in the Act, namely sale,

mortgage, lease, gift and exchange, but any transaction which has the effect

of "conveying" any property or interest therein from one "living" person to

another.

A transfer of property may take place in present or in future, that is to

say, the actual conveyance of the property may take place in present or in

future, but the property itself must be in existence, at least potentially, as the

property of the transferor. The words "in present or future" govern the words

'conveys' and not the words "property". This is indicated by a common

occuring after the word 'property'. Therefore, it is clear that there is nothing

in this section to indicate that future property can be transferred.

။
 4

။ ၊

၍ ။

၍ ။

2.2 What may be transferred Sec: 6

Property of any kind may be transferred, except as otherwise provided

by this Act or by any other law for the time being in force.

။ -၆။

။ -

(a) The chance of an heir-apparent succeeding to an estate, the chance of

relatives obtaining a legacy on the death of a kinsman, or any other mere

possibility of a like nature, cannot be transferred.

။
 5

(b) A mere right of re-entry for breach of condition subsequent cannot be

transferred to any one except the owner of the property affected

thereby.

(c) An easement cannot be transferred apart from dominant heritage.

၍ ။

(d) An interest in property restricted in its enjoyment to the owner

personally cannot be transferred by him.

(dd) A right to future maintenance, in whatsoever manner arising,

secured or determined, cannot be transferred.

ဃဃ

(e) A mere right to sue cannot be transferred.

(f) A public office cannot be transferred, nor can the salary of a public

officer, whether before or after it has become payable.

 6

၊ ။

(g) Stipends allowed to military, air-force and civil pensioners of

Government and political pensions cannot be transferred.

၊ ၊

(h) No transfer can be made (1) in sofar as it is opposed to the

nature of the interest affected thereby, or (2) for an unlawful

object or consideration within the meaning of section 23 of

the Contrat Act, or (3) to a person legally disqualified to be

transferee.

၂ ၂

(i) Nothing in this section shall be deemed to authorize

a tenant having an untransferable right of occupancy, or

the farmer of an estate in repect of which default has been

 7

made in paying revenue, to assign his interest as such

tenant or farmer.

2.3 Persons competent to transfer Sec: 7

Every person competent to contract and entitled to

transferable property, or authorized to dispose of transferable

property not his own, is competent to transfer such property either

wholly or in part, and either absolutely or conditionally, in the

circumstances, to the extent and in the manner allowed and

prescribed by any law for the time being in force.

၊ -၇

၊ ၊ ၍

။
 8

2.4 Operation of Transfer (Sec: 8)

Unless a different intention is expressed or necessarily

implied, a transfer of property passes forthwith to the transferee

all the interest which the transfer or is then capable of passing in

the property, and in the legal incidents thereof.

။ -၈

Such incidents include, where the property is land, the

easements annexed thereto, the rents and profits therof accuruing

after transfer, and all things attached to the earth;

 9

၊ ၌

and, where the property is machinery attached to the earth,

the moveable parts thereof and, where the property is a house, the

easement annexed thereto, the rent thereof accuring after the

transfer, and the locks, keys, bars, doors, windows, and all other

things provided for permanent use therewith;

၊ ၊ ၊ ၊

and where the property is a debt or other actionable claim,

the securities thereof (except where they are also for other debts or

claims not transferred to the transferee), but not arrears of interest

accrued before the transfer;

။
 10

and,where the property is money or other property yielding

income, the interest or income thereof accruing after the transfer

takes effect.

2.5 Oral Transfer Sec: 9

။ -၉

A transfer of property may be made without writing in every

case in which writing is not expressly required by law.

 11

Condition Restraining Alienation Sec: 10

။ - ၀

Where the property is transferred subject to a condition or

limitation absolutely restraining the transferee or any person

claiming under him from parting with or disposing of his interest

in the property, the condition or limitation is void, except in the

case of lease where the condition is for the benefit of the lessor or

those claiming under him; Provided that property may be

transferred to for the benefit of a woman (not being a Hindu,

Muhammadan or Buddhist) so that she shall not have power

during her marriage to transfer or charge the same or her

beneficial interest therein.

၊ ၍

။ -

၊
 12

။ ၊ ၊

။
1

၂၆ ။ ၍

2.6 Transfers by Ostensible Owner Sec: 41

၊ -

Where, with the consent, express or implied, of the persons

interested in immoveable property, a person is the ostensible

owner of such property and transfers the same for consideration,

1
Ma Yin Hu and another V Ma Chit May 7 Ran. 306
 13

the transfer shall not be voidable on the ground that the transferor

was not authorized to make it: provided that the transferee, after

taking reasonable care to ascertain that the transferor had power to

make the transfer, has acted in good faith.

(Ostensible

(Co-shar

Where one man allows another to hold himself as the owner

of an astate, and a third person purchases it for value from the

apparent owner in the belief that he is the real owner, the man

who so allows to the other to hold himself shall not be permitted

to recover upon his secret title unless he can over throw that of the

purchaser by showing that either he (purchaser) had a direct

notice, or something which amounted to constructive notice of the

realtitle of that there existed circumstances which ought to have

put him upon an inquiry which, ifprosecuted, would have led to a

discovery of it.
 14

To summarise, therefore, for the application of S.41:

(1) A person must be an ostensible owner of the property.

(2) He must be such owner with the consent express or implied

of the real owner.

(3) The transferee must purchase the property from such

ostensible owner for consideration.

(4) Before taking transfer, the transferee must with reasonable

care, to ascertain that the transferor had power to make the

transfer, in other words he must act in good faith.

(5) The property must be immoveable property.

။
 15

၍ ။

၂ ၌ ။

- ၈

၍ ။

၍ ။

၍ ။

။
 16

1
၂

ဇ ။

ဇ ။

။ ၉ ၈ ဇ

ဇ ၍

Maung Sein Ba Vs Maung Kywe. I.L.R. 12 Ran, 55. In this

case the Appellant-Plaintiff Maung Sein Ba was a minor. He is the

only child of Maung Kywe and Ma Sein Hnya deceased. After Ma

1
Mg Tun Soe V. Mg Chit and two others 1954 R.L.R. 299 (H.C)
 17

Sein Hnya's death, Maung Kywe remarried Ma Shin the second

respondent. Maung Kywe and Ma Shin mortgage to the S.A.R.M

Chettiar firm, the third respondent, certain properties which

originally belonged to Maung Kywe and Ma Sein Hnya. However,

the Trial Court held that section 41 of the Transfer of Property Act

applied as the firm had taken to mortgage in good faith from the

ostensible owners of property.

The High Court also held that although it may be true that

Maung Kywe and Ma Shin may have always been in possession

of the property as owners, this plea of ostensible ownership is the

nature of an exception of the law and therefore the owner was on

it to prevent that the exception applied. In the present case it was

held that the Firm called no evidence at all.

The High Court also held that the Lower Court overlooked

the fact that to bring section 41 into effect the ostensible owner

must be in possession of the property with the consent, express or

implied of some other person interested in the immoveable

property and the child having been at all material time a minor

was incapable of consenting to his father helding himself out as

owner of the property.

 18

- ။

Maung Tun Soe Vs Maung Chit and 2 others, in this case

the plaintiff was one Daw Hmwe. The suit land together with the

house standing thereon was the property of Daw Hmwe and her

deceased husband U Po Hmyar. Maung Chit was the nephew of U

Po Hmyar, deceased. Sometimes after death of U Po Hmyar,

Maung Chit and his wife Ma Thaung were left in possession of

the house. The rents in respect of the house (part of which was

rented) was collected by Maung Chit who paid some to Daw

Hmwe while spending the rest. The house was assessed to

1
Mg Sein Ca V. Mg Kywe and others. I.L.R. 12 Ran 55.
 19

Municipal taxes in the name of U Po Hmyar and the taxes were

paid by Daw Hmwe.

In May 1948 Maung Chit and his wife Ma Thaung sold the

house to the defendant appellant Maung Tun Soe by a registered

deed of sale. This proceeding was a suit for declaration that the

house belong to Daw Hmwe. The Trial Court held that although

the house was the property of the plaintiff Daw Hmwe, she was

stopped from denying that her nephew Maung Chit and his wife

who were in possession of it all the time were the owners. He also

held that section 41 of the Transfer of Property Act applied in

favour of the defendant Maung Tun Soe.

On second appeal the High Court decided that "Looking at

the very deed of sale by which the defendant-appellant Maung

Tun Soe claimed title to the suit property, it is clear that section 41

of the Transfer of Property Act could not be invoked in his favour.

In the deed it is mentioned that the suit land belonged to U Po

Hmyar of whom Maung Chit claimed to be a son and that

property was given by U Po Hmyar and his wife to him as a gift.

In these circunstances and in view of the fact that the house was

still assessed in the name of U Po Hmyar, it was incumbent upon

Maung Tun Soe to make such inquiries as may be necessary to

 20

find out whether there had been a valid gift by U Po Hmyar to his

wife Daw Hmwe. No such inquiry was obviously made and

therefore it cannot be held that the proviso to section 41 of the

Transfer of Property Act has been fulfilled.

1
၂

ဇ ။

ဇ ။

။ ၉ ၈ ဇ

ဇ ၍

1
Mg Tun Soe V. Mg Chit and two others 1954 R.L.R. 299 (H.C)
 21

2.6.1 Benami Transaction

This is an expression to denote transactions for the benefit

not of the persons taking part in the transactions but of the person

or persons as person not mentioned. This type of transactions is

peculiar to our law. A sale is affected in the name of someone

other than the actual purchaser. The vendee mentioned in the deed

of sale is only an ostensible owner but the real owner is the person

who actually advanced money but for some reason did not

disclose his name. The ostensible owner i.e, the fictitious

purchaser is called the benamider. The purchase is termed a

benami purchase. In all benami transactions the real criterion will

be the question "where from the purchase amount came". The

presumption of law is that the person in whose favour the sale as

disclosed by the deed was effected, is proper owner but this

presumption is rebutted by proof that the sale was with the funds

of a real owner or the benefit of the real owner. In all these cases

the proof is on the person stating that the transaction is a benami

one.
 22

(Benami Transcation)

။ -

။ ။

- ၍

၍ (Ostensi
 23

၊ ။ ၍

။
1

၂၀၀၀ -

၍ ။

1
၀ ၉၆၉- ၊ ၊ ၈
 24

၅ ။

။ ၌

2.7 Transfer of property pending suit relating there to

(Lis-Pendens) Sec: 52

During the pendency in any Court having authority in the

Republic of the Union of Myanmar of any suit or proceeding

which is not collusive and in which any right to immoveable

 25

property is directly and specifically in question, the property

cannot be transferred or otherwise dealt with by any party to the

suit or proceeding so as to affect the rights of any other party

thereto under any decree or order which may be made therein,

except under the authority of the Court and on such terms as it

may impose.

-၅၂

(Lis Pendens)

Explanation - For the purposes of the section, the pendency of a

suit or proceeding shall be deemed to commence

from the date of the presentation of the plaint or

the institution of the proceeding in a Court of

competent jurisdiction, and to continue until the

 26

suit or proceeding has been disposed of by final

decree or order and complete satisfaction or

discharge of such decree or order has been

obtained, or has become unobtainable by reason of

the expiration at any period of limitation

prescribed for the execution thereof by any law the

time being in force. S.52 which renders a transfer

of any immoveable property during the pendency

in a competent Court of a suit or any other

proceeding in which any right to such property is

directly or specifically in issue, by any of the

parties to such suit or proceeding, subject to the

decree or order there may ultimately be passed in

such suit or proceeding. The effect of this rule

which is technically called the rule of "lis pendens"

is not invalidate or a avoid the transfer or to

prevent the vesting the title in the transferee, but to

make it subject to the result of the litigation, and

the rule would operate even if the transferee

pendente title (during litigation) had no notice of

 27

the pending suit or proceeding at the time of

transfer.

Where there is a suit or proceeding going on between two

persons with respect to an immoveable property, and one of the

parties thereto sells or otherwise transfers the subject matter of the

litigation, then the rule is, that the transferee will be bound by the

result of the suit of proceeding whether or not be had notice of suit

or proceeding. This rule is known as the rule of lis-pendens. This

rule affects the purchaser not because the pending suit or

proceeding amounts to notice, but because the law does not allow

litigant parties to give to others, pending the litigation, right to the

property in dispute so as to prejudice the other party. Thus the rule

of lis-pendens is based on the necessity for final adjudication; it

aims at the prevention of multiplicity of the suit or proceedings. A

transaction entered into during the pendency of a suit cannot

prejudice the interest of a party to the suit who is not a party to the

transaction. The object of the rule is to protect one of the parties to

a litigation against an act of the other.

၍
 28

The application of the lis-pendens are:-

(1) there must be pendency of suit or proceeding;

(2) the suit or proceeding must be pending into competent court;

(3) the litigation must not be collusive;

(4) a right to immoveable property must be directly and

specifically in question in that litigation;

(5) the property in dispute must not be transferred or otherwise

dealt with by any of the parties to the litigation; and

When all these conditions are fulfilled the doctrine of lis-

pendens will apply, and it will render the alienation subservient to

the ultimate result of the litigation.

။
 29

။
1
Ma Than Vs Maung Ba Gyaw case it was held that the

subject matter of the suit is land and valuation which the plaintiff

puts on the land is disputed and where the proper valuation is after

enquiry found to be beyond the pecuniary limits of the Court in

which the plaint is so presented without under delay, a transfer

made in the interval between the return of the plaint and its

presentation of the Transfer of Property Act.

S. 52 lis-pendens doctrine of "suit or proceeding" when can

be said to be actively prosecuted. Effect of transfer during interval

between return of plaint for presentation in proper Court and its

actual presentation in the Court.

1
I.L.R. 5 (Ran) 101
 30

၅၂

။
3
U Jone Bin and one Vs N.B. Sen Gupta case was held

that the doctrine of lis-pendents as embodied in S.52 of

Transfer of Property Act applies and that second appellant

being a transferee of the suit premises pendente lite was

bound by any legal decision against him transferor, the first

appellant, on the ground that he was not a party thereto.

4
၂ ၊ ၊

၅၂

-၂ - ၂၀၀၀၊ ၊ -၉

၅၂

2
Mg Than V. Mg Ba Cyan. I.L.R. 5 Ran 101.
3
1958. B.L.R. 555
4
U Jone Bin and one V.N.B Sein Gupta 1958 B.L.R. 555 (H.C)
 31

၅၂

၍ ၊

။
 32

၅၂ ။

2.8 Part performance S.53 (A)

Where any person contracts to transfer for consideration any

immoveable property by writing signed by him or on his behalf

from which the terms necessary to constitute the transfer can be

ascertained with reasonable certainty, and the transferee has, in

part performance of the contract, taken possession of the property

or any part thereof, or transferee, being already in possession,

continues in possession in part performance of the contract and

has done some act in furtherance of the contract, and the

transferee has performed or is willing to perform his part of the

contract, then notwithstanding that the contract, though required

to be registered, has not been registered, or, where there is an

instrument of transfer, that the transfer has not been in force, the

transfer or any person claiming under him shall be debarred from

enforcing against the transferee and person claiming under him

any right inrespect of the property of which the transferee has

 33

taken or continued in possession, other than a right expressly by

the terms of the contract.

Provided that nothing in this section shall affect the right of

a transferee for consideration who has no notice of the contract of

the part performance thereof.

The object of this section is to prevent a transferor or his

successor-in-interest from taking any advantage on account of the

non-registration of the document, provided the transferee has

performed his part of the contract and in pursuance thereof, has

taken possession of some immoveable property.

This section does not give the transferee any right on which

he can found a suit as a plaintiff, but only a right which is

available to him as defence in order to protect his possession. It

does not confer any title on the transferee who takes possession in

pursuance of a written, but unregistered contract. Accordingly, he

cannot maintain a suit for declaration of his title or that the

transferor or other person has no title to the property.

။ -၅ -Performance)

၌
 34

- ၅

၉၂၉

။ ၀၀၀၀၀ ၀၀၀၀၀

၍
 35

-၅

Shield) ။

2.8.1 Essential Element of Part Performance

This section can be used only as a shield and not as a sword.

Essentials of this section are,

(1) there must be contract to transfer immoveable property

(2) there should be consideration for contract to transfer,

 36

(3) the contract should be in writing and such writing should be

signed by the contractor himself, or signed on his behalf,

(4) the terms necessary to constitute the transfer must be

ascertainable with reasonable certainty from the contract

itself;

(5) the transferee must have been put into or is already in

possession of the property in part performance of the

contract,

(6) the transferee must have fulfilled or been ready to fulfill his

part of the obligation under the contract.

၂ ။

၅ ။

။
 37

။
1
In the case of Ma Thet Vs Ma Se Mai , where the vendon

gives a receipt for part-payment of the purchase money, which

receipt includes a decription of the land sold, the purchase price

and the fact that property was previously mortgaged to the

purchaser, it is sufficient to satisfy the requirements of section

1
I.L.R. 13 (Ran) 17
 38

53(A) of the Transfer of Property Act, a term of transfer, and the

part-payment in such a case is an act is furtherence of the contract.

2

၊ ။

၊ ၊

၍ ။ ၍ ။

-၅ ။

။
3
Maung Ohn and another Vs Maung Po Kwe and other case,

the mere production of a writing from which can be ascertained

metters referring to a pre-existing oral contract is not sufficient to

come within the protection of S.53 (A) of the Transfer of Property

Act. The contract itself must be in writing, and not a writing

merely referring to some part or parts of a prior oral contract.

2
Ma Thet V. Ma Se Mai 95,13 Ran 17.
3
1938. R.L.R. 692.
 39

1
၂

-၅ ၊

။ ၅

There is a distinction between a writing, which is a reduction

into writing of an oral agreement, which would fail within the

provisions of S.53 (A) and writing in which there is a mere

reference to a previous oral agreement.

2
U Toe Lu Vs u Kyaung Lu and others case it was held that it

will be sufficient for the purpose of S.53 (A) of The Transfer of

Property Act if it can be shown that the mortagee has in part

performance of the contract taken possession of the property.

Possession is said to be of two ways, either actual possession or

possession in law. It may mean physical control sometimes called

defactor possession or detention, or it may mean legal possession

1
Mg Ohn and another V, Mg Po Kwe and others 1938. R.L.R. 692.
2
1953. B.L.R. 11
 40

which may exist with or without defactor possession and with or

without a rightful origin. It may also mean the right to possession,

which may amount to ownership or may be of a company or

special character.
1

-၅ ။

။ ၌

(Defactor or actual possess

-၂ ၂၀၀၀၊ ၊ -၂၇ )

။၂ ၉

1
U Toe Lu V, U Kyaung Lu and two others 1953 B.L.R. 11,
 41

၅ ။
 42

Key Terms

transferred - ။

Contract Act - ဥ ။

untransferable - ။

default - ။

competent to transfer - ။

operation of transfer - ။

oral transfer - ။

ostensible owner -

Benami Transaction -

Lis-Pendens -

part- performance -

voidable - ယ် သ ော

consideration -
 43

ascertain -

good faith -

purchaser - ၀ယ် ယ ူ ေ ူ

transferee -

transferor -

possession -

litigation -
 44

Questions

1. Define transfer of property and explain what kind of

property may be transferred.

2. Discuss transfer by Ostensible Owner with relevant cases.

3. When is a transfer of immoveable property by an

Ostensible Owner valid?

4. What do you understand by "Benami Transaction"?

5. Write briefly on Benami Transaction.

6. What is the effect of a transfer of immoveable property

during pendency of a suit in relating to such property in

a Court of competent jurisdiction?

7. Explain briefly Part Performance as laid down in the

Transfer of Property Act.

8. Under the Transfer of Property Act can part performance

use only as a shield and not as a sword?

9. What persons are competent to transfer the immoveable

property?
 Chapter 3

Sale of Immoveable Property

Contents Pages

3.1 Definition of Sale S.54 2

3.2 Contract for Sale 5

3.3 Rights and liabilities of buyer and seller 7

3.4 The Transfer of Immoveable Property

Restriction Law 1987 18

 2

Sale of Immoveable Property

3.1 Definition of Sale S.54

"Sale" is a transfer of ownership in exchange for a price paid or

promised or part-paid or part-promised.

Such transfer, in the case of tangible immoveable property of the

value of one hundred thousand Kyats and upwards, or in the case of

reversion or other intangible thing, can be only by a registered

instrument.

In the case of tangible immoveable property of a value less than

one hundred thousand Kyats, such transfer may be made either by

registered instrument or by delivery of the property.

Delivery of tangible immoveable property takes place when the

seller places the buyer or such person as he direct in possession of the

property.

။ -၅၄ (Sale)

။
 3

၁ဝဝ၀၀၀ ၁ဝဝ၀၀၀

(Ta le ea le e ) ၄

( e e ) ၄ ၊ ၍

(Intangible Property) ၄

၁ဝဝ၀၀၀ ၍

ဝ ၊ ဝ ၊ ဝ

Essentials of valid sale are;

(1) the seller must be a person competent to transfer,

(2) the buyer must be a person competent to be the transferee,

(3) the subject matter must be transferable immoveable property,

(4) there must be a transfer of ownership,

(5) the transfer must be in exchange for a price,

(6) the price must be paid or promised or part-paid or part-

promised,
 4

(7) there must be a registered conveyance in the case of,

(a) tangible immovable property of value of Kyats 100000 and

upwards or,

(b) a reversion of other intangible things of any value;

(8) in the case of tangible immoveable property of value less than

Kyats 100000 there must either be:

(a) a registered conveyance or,

(b) delivery property.

( )

( ) ဝ

( )

(ဃ) ။

( ) ။

( ) ၊

( ) ၁၀၀၀၀၀ ၁၀၀၀၀၀

၍
 5

၄ ၊ ၄

(ဇ) ၁၀၀၀၀၀ ၍

၄ ။

3.2 Contract for Sale

A contract for the sale of immoveable property is a contract that

a sale of such property shall take place on terms settled between the

parties.

It does not, of itself, create any interest in or change on such

property.

(Contract for Sale)

ဝ ဝ

။ ၊
 6

ဝ ၍

၍ ။

A contract of sale does not create any interest in the prope rty in

favour of the purchaser, but a sort of obligation is annexed to the

ownership of property by virtue of such contract. The title in property

can be transferred only by a conveyance and not by mere agreement

between parties.

ဝ ဝ

ဝ ဝ

(Sale ee ) ။

၍ ။

။ - ၊

၊ ။

ဝ ။

။ ဝ

။
 7

3.3 Rights and liabilities of buyer and seller

S. 55. In the absence of a contract to the contrary, and the seller

of immoveable property respectively are subject to the liabilities and

have the rights, mentioned in the rules next following or such of them

as are applicable to the property sold;

ဝ ဝ ။ ၅၅

ဝ ဝ

(1) The seller is bound

(a) to disclose to the buyer material defect in the property or in

the seller's title there to of which the seller is, and the buyer

is not, aware, and which the buyer could not with ordinary

care discover;

( ) ဝ ။

ဝ ဝ ။

။ - ၌

ဝ ဝ ဝ ။

ဝ ။
 8

(b) to produce to the buyer on his request for examination all

documents of title relation to the property which are in the

seller's possession or power;

( )ဝ

(c) to answer to the best of his information all relevant

questions put to him by the buyer in respect to the property

or the title there to;

( ) ၍ဝ

(d) on payment or tender of the amount due in respect to the

price, to execute a proper conveyance of the property when

the buyer tenders it to him for execution at a proper time

and place;

(ဃ) ဝ

(e) between the date of the contract of sale and the delivery of

the property, to take as much care of the property and all

documents of title relating where to which are in his

 9

possession as an owner of ordinary prudence would take or

such property and documents;

( )

(f) to give, on being so required, the buyer, or such person as

he directs, such possession of the property as its nature

admits;

( ) ဝ

၊ ၄ ၊

(g) to pay all public charges and rent accrued due in respect of

the property up to the date of the sale, the interest on all

incumbrances on such property due on such date, and

except where the property is sold subject to incumbrances,

to discharge all incumbrances on the property then existing.

( ) ၍

၄
 10

(2) the seller shall be deemed to contract with the buyer that the

interest which the seller professes to transfer to the buyer

subsists and that he has power to transfer the same.

Provided that, the sale is made by a person in a fiduciary

character, he shall be deemed to contract with the buyer that

the seller has done no act where by the property is incumbered

of where by he is hindered from transferring it.

ဝ ၊

ဝ ။

The benefit of the contract mentioned in this rule shall be

annexed to, and shall go with, the interest of the transferee as

 11

such, and may be enforced by every person in whom that interest

is for the whole or any part there of from time to time vested.

(3) Where the whole of the purchase-money has been paid to the

seller, he is also bound to deliver to the buyer all documents of

title relating to the property which are in the seller's posse ssion

or power.

Provided that, (a) where the seller retains any part of the

property comprised in such documents, he is entitled to retain them

all, and (b) where the whole of such property is sold to different

buyers, the buyer of the lot of greatest value is entitled to such

documents. But in case (a) the seller, and in case (b) the buyer of the

lot of greatest value, is bound, upon every reasonable request by the

buyer, or by any of the other buyers, as the case may be, and at the

cost of the person making the request to produce the said documents
 12

and furnish such true copies there of or extracts there from as he may

require; and in the meantime, the seller, or the buyer of the lot of

greatest value, as the may be, shall keep the said documents safe,

uncancelled and undefaced, unless prevented from so doing by fire or

other inevitable accident.

(၁) ဝ

။(၂) ဝ

၄ ၊

ဝ ၍

(4) The seller is entitled –

(a) to the rents and profits of the property till the ownership

there of passes to the buyer.

 13

(b) where the ownership of the property has passed to the

buyer before payment of the whole of the purchase –

money to a charge upon the property in the hands of the

buyer, any transferee without consideration or any

transferee with notice of the nonpayment, for the amount

of the purchase-money, or any part there of remaining

unpaid, and for interest on such amount or part from the

date on which possession has been delivered.

( ) ဝ

( ) ဝ

ဝ ဝ

ဝ ( )

ဝ ။

(5) The buyer is bound –

(a) to disclose to the seller any fact as to the nature or extent

of the seller's interest in the property of which the buyer is

 14

aware but of which he has reason to believe that the seller

is not aware, and which materially increases the value of

such interest;

(b) to pay or tender, at the time and place of completing the

sale, the purchase-money to the seller or such person as he

directs:

provided that, where the property is sold free from

incumbrances, the buyer may retain out of the purchase

money the amount of any incumbrances on the property

existing at the date of the sale, and shall pay the amount

so retained to the persons entitled thereto;

(c) where the ownership of the property has passed to the

buyer to bear any loss arising from the destruction injury

or decrease in value of the property not caused by the

seller;

(d) where the ownership of the property has passed to the

buyer as between himself and the seller, to pay all public

charges and rent which may become payable in respect of

the property, the principal moneys due on any

incumbrances subject to which the property is sold, and

the interest there on afterwards accruing due.

ဝ ဝ

( )
 15

၍ ဝ ၍

( ။)

ဝ ၄

၊ ဝ ၍

ဝ ဝ

( ) ဝ

ဝ ၄ ။

ဝ ဝ

( ) ဝ

၊ ၊
 16

(ဃ) ဝ

ဝ ။

ဝ ။

(6) The buyer is entitled –

(a) where the ownership of the property has passed to him, to

the benefit of any improvement in, or increase in value of

the property, and to the rents and profits there of;

(b) unless he has improperly declined to accept delivery of the

property, to a charge on the property, as against the seller

and all persons claiming under him, to the extent of the

seller's interest in the property, for the amount of any

purchase money property paid by the buyer in anticipation

of the delivery and for interest on such amount and, when

he properly declines to accept the delivery, also for the

earnest (if any) and for the costs (if any) awarded to him

of a suit to compel specific performances of the contract

or to obtain a decree for its rescission.

 17

( ) ဝ

၊ ၊

( ) ဝ

ဝ ၄

ဝ ( a e) ။

ဝ ။

An omission to make such disclosures as are mentioned in this

section, paragraph (1) clause (a) and paragraph (5) clause (a) is

fraudulent.
 18

3.4 The Transfer of Immoveable Property Restriction Law

1987

(၁၉၈၇)

The Transfer of Immoveable Property Restriction Law, there

are five chapters and nineteen sections. Chapter 1 is Title and

definition, chapter II is Restrictions relating to immoveable property,

chapter III is Registration, chapter IV is penalties and chapter V is

miscellaneous.

Chapter I

(၁)

Title and Definition

1. This Law shall be called the Transfer of Immoveable Property

Restriction Law

၁။

2. The following expressions contained in this Law shall have the

meanings given hereunder:-

 19

(a) State means the Socialist Republic of the Union of

Myanmar.

(b) Foreigner includes the following:-

(1) a person who is not a citizen or an associate or a

naturalized citizen under the Myanmar Citizenship

Law;

(2) a person whose citizenship or associate citizenship

or naturalized citizenship has been terminated or

revoked under the Myanmar Citizenship Law.

(c) Company owned by a foreigner means a company or a

partnership where management and control are not vested

in the hands of the citizens and a company or a

partnership whose major shares are not held by the

citizens;

(c) Immoveable Property means land and benefits arising out

of land, building and things built or imbedded in the

earth and other things attached to the building;

(d) The expressions transfer, loose, sale, gift, mortgage and

exchange of property have the same meanings as are

assigned to them in the Transfer of Property Act;

(e) Gift also includes charity or trust.

၂။

-
 20

( )

( ) ဝ -

(၁)

(၂)

၊ ၊

( )

(ဃ) ၊

၊ ၌

( ) ၊ ၊ ၊ ၊

၊
 21

( )

ဝ ။

Chapter II

(၂)

Restriction relating to Immoveable Property

၍
3. No person shall transfer any immoveable property by way of

sale, purchase, gift, acceptance of a gift, mortgage, acceptance

of a mortgage, exchange or transfer and acceptance of a

transfer by any other means to a foreigner or a company owned

by a foreigner.

၃။ ၊ ၊

၊ဝ ၊ ၊

၊ ၊ ၊

4. No foreigner or a company owned by a foreigner shall transfer

any immoveable property by way of sale, purchase, gift,

acceptance of a gift, mortgage, acceptance of a mortgage

 22

exchange, or transfer and acceptance of a transfer by any other

means.

၄။

၊ဝ ၊ ၊

၊ ၊ ၊

5. No person shall: -

(a) lease to foreigner or a company owned by a

foreigner ;

(b) lease from a foreigner or a company owned by a

foreigner immoveable property for more than a year at a

time.

၅။

၍-

( )

( )

။
 23

6. When a foreigner dies, or when any person leaves Myanmar for

good or is deported, the Ministry concerned may, after scrutiny

case by in respect of the immoveable property owned by that

person, carry out in conformity with the procedures as follow: -

(a) allowing right of inheritance in accordance with laws;

(b) confiscating by the State.

၆။ ၊

ဝ ၍

( ) ၊

( ) ၊

7. If the Ministry concerned decides to allow right of inheritance

under subsection (a) of section 6, and to who should inherit the

immoveable property shall be by consenaus of the heirs or by

the decision of the Court in accordance with the relevant

succession law.

၇။ ၆ ( ) ဝ

:၊

။
 24

Chapter III

(၃)

Registration

8. A foreigner or a company owned by a foreigner shall register in

accordance with the procedures its immoveable property within

the country with the Township Registration Board concerned of

the area where the property is situated.

၈။

9. In respect of any immoveable property owner by a foreigner or

a company owned by a foreigner who is away in a foreign

country prior to the enactment of this law, the person who acts

on his behalf shall register in accordance with the procedures

the said property with Township Registration Board concerned

of the area where the property is situated.

၉။

၍
 25

10. The Township Registration Board shall in investigate with the

procedures if there is any fraud or concealment in the

registration under section 8or section 9.

၁ဝ။ ၈ ၉

Chapter IV

(၄)

Penalties

11. Whoever violates any of the provisions of section 3 or section 4

shall, on conviction be punished with imprisonment for a

minimum term of three years to a maximum term of five years.

In addition, the immoveable property involved in the offence

shall also be confiscated by the State.

၁၁။ ၃ ၄
 26

12. Whoever violates the provisions of section 5 shall, on

conviction be punished with fine, which shall be not less than

three times the amount of rent agreed upon for the entire period

of the lease. In addition, the immoveable property involved in

the offence shall also be confiscated by the State.

၁၂။ ၅

13. Whoever is found to have failed to register immoveable

property under section 8 or section 9, or on enquiry and

examination by the Executive Committee of the Township

People's Council to have acted fraudulently or to have

concealed under section 10 shall, on conviction be punished

with imprisonment for a minimum term of one year to a

maximum term of three years. In addition, the immoveable

property involved in the offence shall also be confiscated by

the State.

၁၃။ ၈ ၉

၁ဝ
 27

Chapter V

(၅)

Miscellaneous

14. Foreign Diplomatic Organizations which have diplomatic

relations with the State, United Nations Organizations, any

other Organizations or person, may be exempted from the

provisions of this law by the Ministry concerned.

၁၄။

၊ ၊

15. The provisions of this Law shall not apply to companies or

Organizations which have been formed under agreement for

common interest with the State.

 28

၁၅။

16. The Ministry assigned by the Council of Ministers shall

scrutinize case by case and give a decision as to whether or not

registration should be permitted for documents in respect of

transfer of immoveable property, which have been submitted

for registration to the office for the Registration of Documents

prior to the enactment of this Law.

၁၆။

၍ ဝ ဝ ဝ

17. In instituting legal proceedings in respect of offences under this

Law, prior section shall be obtained from the Ministry

concerned.

၁၇။ ၍ ၌

ဝ ။

18. In order to carry out the provisions of this law, the Ministry

concerned:-

(a) shall issue necessary provisions, with the approval

of the Government;
 29

(b) may issue necessary orders and directives.

၁၈။

ဝ -

( ) ဝ

( ) ၊ ။

19. The following law and rules are hereby repeated: -

(a) The Transfer of Immoveable Property (Restriction)

Act, 1947;

(b) The Transfer of Immoveable Property (Restriction)

Rules, 1976.

၁၉။

(a) The Transfer of Immoveable Property (Restriction)

Act, 1947;

(b) The Transfer of Immoveable Property (Restriction)

Rules, 1976.

(The Transfer of Immoveable Property Restrictions Act )

(၄ )

1975 B.L.R (C.C) 84

 30

၁၉၄၇ ( )

၊၁၉၅၂ ၊

ဝ ဝ ၊ ဝ

။ ။ ၁၉၄၇ ၊

( ) ၃ ၁၉၅၂

( ) ၁၉၅၂ ၊

၂၇ ။

ဝ ဝ

(၁) ၁၉၅၂ ၂ဝ

( ) ဝ

။ ။

(၁)

ဝ ၁၃

၁၉၅၂ ၃ဝ ဝ ။

၁ ။
 31

၁ ။ ၍

Key Terms

registered instrument -

reversion -
 32

tangible - ၍

intangible - ၍

possession - ဝ

transferable immovable -

property

immoveable -

confiscate -

violate -

restriction -

Questions

1. Define "Sale"!

2. How is a sale made?

3. What are the duties of seller of immoveable property?

 33

4. What is contract for sale?

5. What are the rights and liabilities of a buyer of immoveable

property?

6. Discuss restriction relating to immoveable property under

the Transfer of Immoveable Property Restriction

Law1987.

7. Explain the registration by a foreigner or a company owned

by a foreigner in accordance with the Transfer of

Immoveable Property Restriction Law1987.

 Chapter 4

Mortgage of Immoveable Property

Contents Pages

4.1. Definition of Mortgage, S.58 (a) 3

4.2 Kinds of Mortgage 4

4.2.1 Simple mortgage 5

4.2.2 Mortgage by conditional sale 7

4.2.3 Usufructuary mortgage 12

4.2.4 English mortgage 14

4.2.5 Mortgage by deposite of title-deeds 16

4.2.6 Anomalous mortgage 20

4.3. Rights of mortgagor 21

4.3.1 Right of mortgagor to redeem Sec: 60 21

4.3.2 Obligation to tansfer to third party instead of

re-transference to mortgagor 26

4.3.3 Right to inspection and production of documents 27

4.3.4 Right of redeem separately or simultaneously 28

4.3.5 Right of usufructuary mortgagor to recover 28

possession

4.3.6 Accession to mortgaged property 29

4.3.7 Improvements to mortgaged property 31

4.3.8 Renewal of mortgaged lease 33

4.3.9 Implied contract by mortgagor 34

4.3.10 Mortgagor’s power to lease 37

 2

4.4 Liabilities of mortgagor 39

4.5 Rights of mortgagee 40

4.5.1 Right of foreclosure or sale 40

4.5.2 Right to sue for mortgage-money 43

4.5.3 Power of sale when valid 46

4.5.4 Appointment of receiver 50

4.5.5 Accession to mortgaged property 53

4.5.6 Renewal of mortgaged lease 53

4.5.7 Rights of mortgagee in possession 54

4.5.8 Right of proceeds of revenue sale or compensation 56

On acquisition

4.6. Liabilities of mortgagee 57

 3

Mortgage of Immoveable Property

4.1. Definition of Mortgage, S.58 (a)

-၅၈ (က)

A mortgage is the transfer of an interest in specific immoveable

property for the purpose of securing the payment of money advanced
of to be advanced by way of loan, an existing or future debt, or
performance of an engagement which may give rise to a pecuniary
liability.
The transferor is called mortgagor, the transferee is called a
mortgagee; the principal money and interest of which payment is
secured for the time being are called the mortgage-money, and the
instrument (if any) by which the transfer is effected is called a
mortgage-deed.

(Mortgage)

က က ၊ က

က က ၊ က က ၊

က ကက

က က က ၊

က က

။
 4

က (Mortgagor) က

(Mortgagee) က

က (Mortgage- o e )

က (Mortgage-deed) ၍

က(Mortgage)

က(P edge) က က

က( othecatio ) ။

4.2 Kinds of Mortgage

There are six kinds of mortgage, they are,

1. Simple mortgage S.58 (b)
2. Mortgage by conditional sale S.58 (c)
3. Usufructuary Mortgage S.58 (d)
4. English Mortgage S.58 (e)
5. Mortgage by deposited of title-deeds. 58(f)
6. Anomalous Mortgage S.58 (g)

၆ ။

(၁) က (Simple mortgage)

(၂) က က ၍
 5

(Mortgage by Conditional Sale)

(၃) က

(Usufrctuary Mortgage)

(၄) (English

Mortgage)

(၅) ၍

(Mortgage by deposite of title deeds)

(၆) က (Anomalous

Mortgage)

4.2.1 Simple Mortgage

က

S.58 (b) Where, without delivering possession of the mortgage

property, the mortgagor binds himself personally to pay the mortgage -
money, and agrees, expressly or impliedly, that, in the event of his
failing to pay according to his contract, the mortgage shall have a right
to cause the mortgaged property to be sold and the proceeds of sale to
be applied, so far as may be necessary, in payment of the mortgage -
money, the transaction is called a simple mortgage and the mortgagee
simple mortgagee.

က က က

က က ၍

က က
 6

က က က က

က ။

The characteristics of a simple mortgage are:

(1) The mortgagor undertakes personal liability.

(2) No possession is delivered.
(3) No power of sale out of Court, but a decree for sale of the
mortgaged property must be obtained.
(4) It must be effected by a registered instrument even of the
consideration is below K. 100000/.
(5) There is no foreclosure.

က -

(က) က က

က ။

( ) က က က

( ) က ကက က က က

က က ၍

(ဃ) က ၁၀၀၀၀၀ က က

( ) က ။
 7

။ က ။ က က

က က ၆

၄ က ။

4.2.2 Mortgage by Conditional Sale

က က ၍

S.58 (c) Where the mortgagor ostensibly sells the mortgaged

property on condition that on default of payment of the Mortgage -
Money on a certain date the sale shall become absolute, or
On condition that on such payment being made the sale shall
become void, or
On condition that on such payment being made the buyer shall
transfer the property to the seller, the transaction is called a mortgage
by conditional sale and the mortgagee a mortgagee by conditional sale:
provided that no such transaction shall be deemed to be a mortgage
unless the condition is embodied in the document which effects or
purports to effect the sale.

က က က

က ကက က

၍၄ ။

က က

က ၄ ။
 8

က က

၍ က ၊ က က ၍

က က ၍

က ကက

၄ က ။

The characteristics of a mortgage by conditional sale are:

(1) The mortgagor ostensibly sells the mortgage property.
(2) The condition is that the sale shall be void on such
payment and the property retransferred.
(3) It must be created by one document, and not by two
documents. (one for sale, and another for agreement of
repurchase)
(4) It must be by registered writing if the consideration is K.
100000/- or upward: if less than K.100000/- it may be
effected by delivery of the property or by a registered
instrument.
(5) The remedy of the mortgagee is by foreclosure and not by
sale.
က က ၍

(က) က က

( ) က က က ကက

က ။ က ၍
 9

က က ၍

က က က ။

( ) က ကက ။

က က က ။

။( - ၊

၍ ။)

(ဃ) က ၁၀၀၀၀၀ က ၁၀၀၀၀၀ က

က ။ က ၁၀၀၀၀၀ က က က

၍ ၊ က က က ၍ ။

( ) ။ ။

က က

။ ၄

က က က

။ က က က

။ က က

1
In the case of Mg Aung Thin and one V Bisnath Singh and one
where the transaction effecting or purporting to effect sale and
condition of repurchase are embodied in one document, the transaction
does not, as a result of the provide added by the Amendment Act 1929,
necessarily become a mortgage by conditional sale, irrespective of the

1
1958 B.L.R. 314 (H.C)
 10

intention of the parties. If from the contents of the document, it can be

gathered from its clear express words that intending of the parties was
to effect an outright sale with a condition of repurchase, the deed could
be construed as in outright sale with a condition or repurchase even
through that condition is embodied in one document because the
determining factor in such cases is the intention of parties.
The intention of the parties should be ascertained from the terms
of the document and the surrounding circumstance and the adequacy of
consideration the time given to the vendor to make a repurchase, have
important bearings to truth of the intention of the parties.

2
၂ ( ) ၂”

က က

၁၉၂၉ က

က က

။ က

က က

က က က

။ က

က ကက

။ က

က က

က ။ က က

က က ။

2
Mg Aung Thin and one V. Bisnath Singh and one 1928. B.L.R. 314 (H.C)
 11

က က က

3
In the case of Daw Kyin Pu V U Oha Khin and one where there
was registered deed of sale of certain immoveable property and the
buyer had admitted that she had verbally promised to allow redemption
but such a promise was not embodied in the deeds, and it was intended
that the document embodied a mortgage by conditional sale.
It was held that Section 58(c) of the Transfer of Property Act is a
statutory bar to the deed of sale is question being constructed as a
transaction evidencing a mortgage by conditional sale, not with
standing the verbal agreement to return the property on payment of the
purchase price.

4
က ၂”

က က

၄ က

က က ။ က က

၊ က

က က

က က -၅ ( )

က ။ က

၄ က

3
1963 B.L.R 328 (CC)
4
Daw Kyin Pu V. U Ohn Khin and one, 1963 B.L.R. 328 (C.C)
 12

က က က က ၉၂- က

4.2.3 Usufructuary Mortgage

က က

S.58(d) Where the mortgagor delivers possession or expressly or

by implication binds himself to deliver possession of the mortgaged
property to the mortgagee, and authorizes him to retain such possession
until payment of the mortgage-money, and to receive the rents and
profits accruing from the property or any part of such rents and profits
and to appropriate the same in lieu of interest or in payment of the
mortgage-money, or partly in lieu of interest or partly in payment of
the mortgage-money, the transaction is called an usufructuary
mortgage and the mortgagee an usufrucurary mortgagee.

က က ၍

၍ က က

၍ က က

က က က က

က ကက

က ၊ ၍ က က

က ။
 13

The characteristics of a usufructuary mortgage are:

(1) There is by delivery of possession to the mortgagee.

(2) He is to retain possession until repayment of the money and to
receive the rents and profits accruing from the property or any part of
such rents and profits and to appropriate the same in lieu of interest or
in payment of the mortgage-money, or partly in lieu of interest or
partly in payment of the mortgage-money,
(3) There is redemption when the amount due is personally paid or
discharged by rents and profits received.
(4) If for K.100000/- or upward, it must be registered, if below
K.100000/-. It may be by registered deed or by delivery of the
property.
(5) There is no remedy by sale or foreclosure.

က က ။

(က) က က က က

။ ။

( ) က

က ။

၊ က က ၊

က ၊ က

က က ၊ ။

( ) က က ၊ က

၍ က

၊ က ။
 14

(ဃ) က ၁၀၀၀၀၀ က ၁၀၀၀၀၀ က

( ) က ။ က ။

က က

က ။ က ။ ၄ က

က က ။

က က က က က

4.2.4 English Mortgage

S.58(e) - Where the mortgage binds himself to repay the

mortgage-money on a certain date, and transfers the mortgaged
property absolutely to the mortgagee, but subject to a proviso that he
will re-transfer it to the mortgagor upon payment of the mortgage -
money as agreed, the transaction is called an English mort gage.
က က က

က ၍ က

က က

က က ။

The characteristics of an English mortgage are:-

 15

(1) It is followed by delivery of possession.

(2) There is a personal covenant to pay the amount.
(3) It is effected by absolute transfer of property with provision for
re-transfer in case of repayment of the amount due.
(4) Power of sale out of Court is conferred on certain persons
under certain circumstances.
(5) The remedy is by sale and not by foreclosure.

(က) က ။

( ) က က

က ။

( ) က က

က က က

က က ။

( ဃ) က က က

က ။

( ) က ။ က

က က က

က ။ က ။

က ။

က။ ။ ။
 16

4.2.5 Mortgage by Deposite of Title-deeds

၍

S.58 (f) Where a person delivers to a creditor or his agent

documents of title to immoveable property, with intent to create a
security thereon, the transaction is called a mortgage by deposited of
title-deeds.
က

က ၄ က ၊

က ၍ က

၍ ။

Characteristics of the mortgage by desposite of title-deeds are:-

(1) The mortgage by deposits of title deeds is created.
(2) Delivery of the title deeds to the mortgagee or his agent.
(3) There is no need to deliver the immoveable property.
(4) No registration is necessary even is there is a writing
recording the deposit.
(5) The remedy is by sale and not by foreclosure.

(က)

( ) ၄ က ။

( ) က က ။
 17

(ဃ) က ။

( ) က ။ က

က ။

က ။

။ ။

က- ၍ က

In the case of K.L.C.T Chidambaram Chettyar V Aziz Meath

and others 1938 R.L.R 316 (F.B), in order to create a valid mortgage
by deposit of title-deeds, under S.58 (f) of the Transfer of Property
Act, it is not necessary that the whole, or even the most material o f
the documents of title to the property should be deposited, no that the
documents deposited should show a complete or good title in the
depositor. It is sufficient of the deeds deposited bona fide relate to the
property of are material evidence of title, and are shown to have been
deposited with the intention of creating a security thereon. A deposit
with intention to create a security of deed of grant of land by
Government to the mortgagor's transfer is sufficient to create a
mortgage and this document coupled with the certificate by the
revenue surveyor recording and oral transfer of the land from the
 18

original grantee the mortgagor and a number of tax ticket's showing

revenue being paid by the mortgagor, all go to disclose an apparent
title in the mortgagor's to the land.

K.L.C.T. Chida bara Chettiar V.Aziz Meah a d

5
others” ၍

က က

က ၊ က က

က က ။ က

က က က က က

၍ က

က က

က က

က က က

က က က

6
U Po Nge V V.R.A Veerapa Chettyar case it was held that tax-
tickets and "counterfoils for a license" issued by a Headman under
S.22A of Land and Revenue Act is not such documents of title, the
deposit of which would create a mortgage by deposit of title-deeds.

5
K.I.C.T Chidambaram Chettyar V. Aziz Meah and others. 1938. R.L.R. 316.
6
1952 B.L.R. 108 (S.C)
 19

7
- - - ”

က ၂၂(က) ကက

၊ ၄ က

၍ က ။

Ma Ohn Kyi and five others V Daw Hnin Nwe and there
8
others case it was held that unless there is delivery of title -deeds to
the creditor or his agent at the time of the constitute loan, it would
not constitute, even if other ingredients of the clause (f) S.58 of the
Transfer of Property Act are satisfied, a mortgage by deposit of title-
deeds, and it would not be possible to hold that the loan was secured
as the charge become effect only with the deposit of title of title-
deeds.

9
က ၆ ၄”

က ၄ က

၍ က

၍ က၊

က က ။

7
U Po Nge V. V. R. A Veerappa Chettyar 1958 B.I.R. 108 (S.C)
8
1953 B.L.R 322 (HC)
9
Ma Ohn Kyi and five others V. Daw Hnin New and three others, 1953 B.L.R. 322 (H.C)
 20

4.2.6 Anomalous Mortgage

( က )

Sec. 58 (g): A mortgage which is not simple mortgage, a

mortgage by conditional sale, an usfructuary mortgage, and English
mortgage or a mortgage by deposit of title-deeds within the meaning
of this section is called an anomalous mortgage.

က ၅ က

က က ။

က က က က

က ။ ။ က

က က

က ၍ ။

Characteristics of an anomalous mortgage are: -

(1) Possession may not be delivered.

(2) The remedy is by sale or by foreclosure, if terms of the
mortgage permit it.
(3) If of K.100000/- or upward it must be registered, if below
K.100000/- it may be by registered deed or by delivery of
possession.
 21

4.3. Rights of Mortgagor

4.3.1 Right of Mortgagor to Redeem Sec: 60

။ -၆၀

At any time after the principal money has become due, the
mortgagor has a right, on payment or tender, at a proper time and
place, of the mortgage-money, to require the mortgage (a) to deliver to
the mortgagor the mortgage-deed and all documents relating to the
mortgaged property which are in the possession or power of the
mortgage, (b) where the mortgagee is in possession of the mortgaged
property, to deliver possession thereof to the mortgagor and (c) at the
cost of the mortgagor either to re-transfer the mortgaged property to
him or to such third person as he may direct, or to execute and (where
the mortgage has been effected by a registered instrument) to have
registered an acknowledgment in writing that any right in derogation
of his interest transferred to the mortgagee has been extinguished:
Provided that the right conferred, by this section has not been
extinguished by act of the parties or by decree of a Court.
The right conferred by this section is called a right to redeem and
suit to enforce it is called a suit for redemption.
Nothing in this section shall be deemed to render invalid any
provision to the effect that, if the time fixed for payment of the
principal money has been allowed to pass or no such time has been
fixed, the mortgage shall be entitled to reasonable notice before
payment or tender of such money.
Nothing in this section shall entitle a person interested in a share
only of the mortgaged property to redeem his own share only on
payment of a proportionate part of the amount remaining due on the
 22

mortgage, except only where a mortgagee, or if there are more

mortgagees than one, all such mortgagees, has or have acquired, in
whole or in part, the share of a mortgagor.
က က က က

၊ က

(က) က

က က က

က ။

( ) က ၄ က

က က ။

( ) က ၊

၄ က ။

(ဃ)

က က က ကက

၍ က က က

က ၊ က က က

၊ က ။
 23

က (Right to

Redeem) ၍ က ၊ က

က ( uit for ede tio ) ၍၄ ။

က က က ၍

၊ က ၍ ၊ က

ကက

က က ။

က က က ၍ က

ကက က

- ၊ က ။

က ၊ က ၊ က ၊

က က ၍

က ။ က ၍

က က ၊ က က

။
 24

က က

က ။

က က

(၁) က ၊

က က ။

(၂) က က ။

(၃) က ၊ က

။ (Once a mortgage

always a mertgage)

က က က က

က က က က၊ က

က က

က က က

။ က

က က ၍ က

၊ က ၊ က

၍ ၊

က ။ က ။
 25

က (Close on Redemption)

က က

က က

က က က

က က က က ။

က က က -

(က) က က

က က က။

( ) က

က က

က။

( ) က ၍

၍ ၄ က

က က။

(ဃ) က က

ကက က က က

က။

( ) က

က က ။
 26

4.3.2 Obligation to Tansfer to Third Party Instead of

Re- transference to Mortgagor
S.60 A (1) Where a mortgagor is entitled to redemption, then, on
the fulfilment of any conditions on the fulfilment of which he would be
entitled to require a re-transfer, he may require the mortgagee, instead
of re-transferring the property, to assign the mortgage-debt and transfer
the mortgaged property to such third person as the mortgagor may
direct; and the mortgagee shall be bound to assign and transfer
accordingly.
(2) The rights conferred by this section belong to and may be
enforced by the mortgagor or by any incumbrancer notwithstanding an
intermediate incumbrance; but the requisition of any incumbrancer
shall prevail over a requisition of the motgagor and, as between
incumbrancers; the requisition of a prior incumbrancer shall prevail
over that of a subsequent incumbrancer.
(3) The provisions of this section do not apply in the case of a
mortgagee who is or has been in possession.

။ ၆၀(က)

၁။ က က က က ၍

က က

က ။

က က က ။
 27

၂။ က

။ က

ကက ။ က

က ကက ကက ။

၃။ က က

က ။

4.3.3 Right to Inspection and Production of Documents

က ။ ၆၀ ( )

S.60 (B) A mortgagor, as long as his right of redemption

subsists, shall be entitled at all reasonable times, at his request and at
his own cost, and on payment of the mortgagee's costs and expenses in
this behalf, to inspect and make copies or abstracts of, or extracts from,
documents of title relating to the mortgaged property which are in the
custody or power of the mortgagee.

က က က ကက ၍ က

၊ က က ၊ က က က က

။
 28

4.3.4 Right of Redeem Separately or Simultaneously

၍ က ၊ က ၊

၆၁၊

S.61. A mortgagor, who has executed two or more mortgages in

favour of the same mortgagee shall, in the absence of a contract to the
contrary, when the principal money of any two or more of the
mortgages has become due, be entitled to redeem any one such
mortgage separately, or any two or more of such mortgages together.
က ၍

က က က က က

က က

က က ၍ က ၊

က က ၍

က ။

4.3.5 Right of Usufructuary Mortgagor to Recover Possession

က က

။ -၆၂

S.62. In the case of an usufructuary mortgage, the mortgagor has

a right to recover possession of the property together with the
mortgage-deed and all documents relating to the mortgaged property
which are in the possession or power of the mortgagee, -
(a) Where the mortgagee is authorized to pay himself the
mortgage-money from the rents and profits of the property, when such
money is paid;
 29

(b) Where the mortgagee is authorized to pay himself from

such rents and profits or any part thereof a part only of the mortgage-
money when the term, if any, prescribed for the payment of the
mortgage-money has expired and the mortgagor pays or tenders to the
mortgagee the mortgagee-money or the balance thereof or deposits it in
Court as hereinafter provided.

က က

က က က ၊

၁။

က က ၌ က

၂။ က က

က က

က က က

က က

4.3.6 Accession to Mortgaged Property

။ -၆၃။

S.63. Where mortgaged property in possession of the mortgagee

has, during the continuance of the mortgage, received any accession,
the mortgagor, upon redemption, shall, in the absence of a contract to
the contrary, be entitled as against the mortgagee to such accession.
 30

Where such accession has been acquired at the expense of the

mortgagee, and is capable of separate possession or enjoyment without
detriment to principal property, the mortgagor desiring to take the
accession must pay to the mortgagee the expense of acquiring it. If
such separate possession or enjoyment is not possible, the accession
must be delivered with the property, the mortgagor being liable, in the
case of an acquisition necessary to preserve the property from
destruction, forfeiture or sale, or made will his assent, to pay t he
proper cost thereof, as an addition to the principal money, with interest
at the same rate as is payable in the principal or, where no such rate is
fixed, at the rate of nine percent par annum.
In the case last mentioned the profits, if any, arising fro m the
accession shall be credited to the mortgagor.
Where the mortgage is usufructuary and the accession has been
acquired at the expense of the mortgagee, the profits, if any, arising
from the accession shall in the absence of a contract to the contrary, be
set off against interest, if any payable on the money so expended.
က

က က က

က ။

က က က ၊

က က က

က က က ။ က

က ။ က
 31

က ။

က က က ၊

က က က က ၊

က ကက က က

က က

။ က

က ။

၄ က

က က

က က က

ကက က က

4.3.7 Improvenments to Mortgaged Property

က က

S.63 A. (1): Where mortgaged property in possession of the

mortgagee has during the continuance of the mortgage been improved,
the mortgagor, upon redemption, shall, in the absence of contract to the
contrary, be entitled to the improvement and the mortgagor shall not,
save only in cases provided for in sub-section (2), be liable to pay the
cost thereof.
 32

(2) Where any such improvement was effected at the cost of the
mortgagee and was necessary to preserve the property from destruction
or deterioration or was necessary to prevent the security from
becoming insufficient, or was made in compliance with the lawful
order of any public servant or public authority, the mortgagor shall, in
the absence of a contract to the contrary, be liable to pay the proper
cost thereof as an addition to the principal money with interest at the
same rate as is payable on the principal, or where no such rate is f ixed,
at the rate of nine per cent per annum, and profits, if any accruing by
reason of the improvement shall be credited to the mortgagor.
၁။ က

က က က က က

က က

က က က ။

(၂) က က

က က က က က

၂။ က က က

၍ က

က ၊ က က

က က ၊ က

က က က ၊

က က

က ၊ က က က
 33

၍ က က က က

က ။

က က က

က က ။

က။ ။ က က က ၃ က

(၁) က ။

(၂) က က

(၃) က က

က က ။

4.3.8 Renewal of Mortgaged Lease

က

S.64. Where the mortgaged property is a lease, and the

mortgaged obtains a renewal of the lease, the mortgagor, upon
redemption shall, in the absence of a contract by him to the contrary,
have the benefit of the new lease.

-၆၄ ၍

က ၊ က က
 34

က က

က ။

4.3.9 Implied Contract by Mortgagor

S.65: In the absence of a contract to the contrary, the mortgagor
shall be deemed to contract which the mortgagee –
(a) that the interest which the mortgagor professes to transfer
to the mortgagee subsists, and that the mortgagor has power t o transfer
the same;
(b) that the mortgagor will defend, or if the mortgagee be in
possession of the mortgaged property, enable him to defend, the
mortgagor's title thereto;
(c) that the mortgagor will, so long as the mortgagee is not in
possession of the mortgaged property, pay all public charges accruing
due in respect of the property;
(d) where the mortgaged property is a lease, that the rent
payable under the lease, the conditions contained therein, and the
contracts binding on the lessee have been paid, performed and
observed down to the commencement of the mortgage; and that the
mortgagor will, so long as the security exists and the mortgagee is not
in possession of the mortgaged property, pay the rent reserved by the
lease, or if the lease be renewed, the renewed lease, perform the
conditions contained there in and observe the contracts binding on the
lessee, and indemnify the mortgagee against all claims sustained by
reason of the non payment of the said rent or the non-performance of
non-observance of the said conditions and contracts;
(e) and where the mortgage is a second or subsequent
incumbrance on the property, that the mortgagor will pay the interest
from time to time accruing due on each prior incumbrance as and when
 35

it becomes due, and will at the proper time discharge the principal
money due on such prior incumbrance.
The benefit of the contracts mentioned in this section shall be
annexed to and shall go with the interest of the mortgagee as such, and
may be enforced by every person in whom that interest is for the whole
on any part thereof from time to time vested.
The benefit of the contracts mentioned in this section shall be
annexed to and shall go with the interest of the mortgagee as such, and
may enforced by every person in whom that interest is for the whole on
may part thereof from time to time vested.

က ။ -၆၅

က က က က က က

၁။ က

က က က က ။

၂။ က ကက က

က ၊

က ကက က က

က ။

၃။ က

က၍ က က က

က က ။

၄။
 36

က က ၊

က က က က က ၊

က က က က

က က ၊

က က က က

က က ၊ က က က

က က က

ကက က ၊ က က က ကကက ၊ က

က ကက က က က

က ။

၅။ က က

က က

က က ကက က က

က က

က က ။

က က က

က က ၊
 37

က ၊ က

က က က ။

4.3.10 Mortgagor's power to lease

က က

S. 65(A)
-၆၅ (က)

(1) Subject to the provisions of sub-section (2), a mortgagor,

while lawfully in possession of the mortgaged property,
shall have power to make leases thereof which shall be
binding on the mortgagee.
(2) (a) Every such lease shall be such as would be made in the
ordinary course of management of the property concerned,
and in accordance with any local law, custom or usage.
(b) Every such lease shall reserve the best rent that can
reasonably be obtained, and no premium shall be paid or
promised and no rent shall be payable in advance.
(c) No such lease shall contain a covenant for renewal.
(d) Every such lease shall take effect from a date not later
than six months from the date on which it is made.
(e) In the case of a lease of buildings, whether leased with
or without the land on which they stand, the duration of
the lease shall in no case exceed three years, and the lease
shall contain a covenant for payment of the rent and a
condition of re-entry on the rent not being paid within a
time therein specified.
 38

(3) The provisions of sub-section (1) apply only if and as far as

a contrary intention is not expressed in the mortgage-deed;
and the provisions of sub-section (2) may be varied or
extended by the mortgage-deed and, as so varied and
extended, shall, as far as may be, operate in like manner and
with all like incidents, effects and consequences, as if such
variations or extensions were contained in that sub-section.

(၁) က က

က (၂) က က

။ ။

(၂)(က) က က

( ) က က ။

က က ၊

က ၊ က က ။

( ) က က က

(ဃ) ၍ က

( ) က က က

၊ ၊

က က ။ က
 39

က က

က က

က က က

က က ။

(၃) က က ကက

(၁) က က

။ (၂) က က ။

။ က က

က က က က ။

4.4 Liabilities of Mortgagor

Waste by Mortgagor in Possession

က က ။

S.66. A mortgagor in possession of the mortgaged property is not

liable to the mortgagee for allowing the property to deteriorate; but he
must not commit any act which is destructive or permanently injurious
thereto, if the security is insufficient or will be rendered insufficient by
such act. Explanation: A security is insufficient within of the
mortgaged property exceeds by one-third, or, if consisting of buildings,
exceeds by one-half, the amount for the time being due on the
mortgage.
 40

-၆၆ က က

က က

က ( ) က

က က က ( )

က ။

က။ ။ က

က ၊

က က ၊ က ။

4.5 Rights of Mortgagee

4.5.1 Right of Foreclosure or Sale

က က

S.67. In the absence of a contract to the contrary, the mortgagee has at

any time after the mortgagee money has become due to him, and before a
decree has been made for the redemption of the mortgaged property or the
mortgage-money has been paid or deposited as hereinafter provided, a right to
obtain from the Court a decree that the mortgagor shall be absolutely
debarred of his right to redeem the property, or a decree that the property be
sold.

( -၆၇) က က

က က က၊ က ၊

က က ၊ က
 41

က ၊ က

က ၊

က က

က ။

A suit to obtain a decree that a mortgagor shall be absolutely

debarred of his right to redeem the mortgaged property is called a suit
for foreclosure.

က က ( uit for

orec osure) ။

Nothing in this section shall be deemed –

(a) to authorize any mortgagee, other than a mortgagee by
conditional sale or a mortgagee under an anomalous mortgage by the
terms of which he is entitled to foreclose, to institute a suit for
foreclosure, or an usufructuary mortgagee as such or a mortgagee by
conditional sale as such to institute a suit for sale: or
(b) to authorize a mortgagor who holds the mortgagee's rights as
his trustee or legal representative, and who may sue for a sale of the
property, to institute a suit for foreclosure: or
(c) to authorize the mortgagee of a railway, canal or other work
in the maintenance of which the public are interested, to institute a suit
for foreclosure or sale: or
(d) to authorize a person interested in part only of the mortgage -
money to institute a suit relating only to a corresponding part of the
mortgaged property, unless the mortgagees have, with the consent of
the mortgagor, severed their interests under the mortgage.
 42

က က

(၁) က က

။ က က

က ။

က ။ က က

၍ က

က ။

(၂) က

က ၍ က

၄ က

(၃) ၊ က က

(၄) က က

က က

က ၄ က

။
 43

4.5.2 Right to Sue for Mortgage-money

S. 68(1): The mortgagee has a right to sue for the mortgage-

money in the following cases and others, namely:-
(a) where the mortgagor binds himself to repay the same;
(b) where, by any cause other than the wrongful act or
default of the mortgagor or mortgagee, the mortgaged
property is wholly or partially destroyed or the security
is rendered insufficient with in the meaning of section
66, and the mortgagee has given the mortgagor a
reasonable opportunity of providing further security
enough to render the whole security sufficient, and the
mortgagor has failed to do so;
(c) where the mortgagee is deprived of the whole or part of
his security by or in consequence of the wrongful act or
default of the mortgagor;
(d) where, the mortgagee being entitled to possession of the
mortgaged property, the mortgagor fails to deliver the
same to him, or to secure the possession thereof to him
without disturbance by the mortgager or any person
claiming under a title superior to that of the mortgagor:
Provided that, in the case referred to in clause (a), transferee
from the mortgagor or from his legal representative shall not be liable
to be sued for the mortgage-money.
(2) Where a suit is brought under clause (a) or clause (b) of
sub-section (1), the Court may, at its discretion, stay the suit and all
proceedings therein, notwithstanding any contract to the contrary, until
the mortgagee has exhausted all his available remedies against the
mortgaged property or what remains of it, unless the mortgagee
 44

abandons his security and, if necessary, re-transfers the mortgaged

property.
-၆၈ က

က က ။ က

(၁) က က က

က ။

(၂) ၊

ကက က က

က က ၊ ၆၆

က က ၊ က

က က

၊ က က

ကက က က ။

(၃) ကက က က

က ၊ က

က က က ။

(၄) က က က က

ကက က ၊ က ၊

က ၄ က ၍ က ၊

က က

က က ကက က က
 45

က- (၁) က

၄ က

က က ။

(၁) (၂) ၌

က က က ၊ က ၍

က ၊ က က

က က က

က က

။
10
” က

၊ က က

၊ က ၆၈

က က က

က က က က

၆၈ က ။ က

က က က က

10
၊ ၁၉၆၆ ၊ ၊ ၁၂၈၇
 46

က က က

က ။

4.5.3 Power of Sale When Valid

က

S.69.(1) A mortgagee, or any person acting on his behalf, shall

subject to the provisions of this section, have power to sell or concur in
selling the mortgaged property, or any part thereof, in default of
payment of the mortgage-money, without the intervention of the Court,
in the following cases and in no others, namely: -
(a) Where the mortgage is an English mortgage, and neither the
mortgagor nor the mortgagee is a Hindu, Muhammadan or Buddhist or
a member of any other race, sex, tribe or class from time specified in
this behalf by the President of the Union in the Gazette;
(b) Where a power of sale without the intervention of the Court
is expressly conferred on the mortgagee by the mortgage-deed and the
mortgagee is the Government;
(c) Where a power of sale without the intervention of the Court
is expressly conferred on the mortgagee by the mortgage-deed and the
mortgaged property or any part thereof was, on the date of the
execution of the mortgage-deed, situate within the towns of Rangoon,
Moulmein, Bassein, Akyab or in any other towns or area which the
President of the Union may, by notification in the Gazette, specify in
this behalf.
(2)No Such power shall be exercised unless and until-
(a) notice in writing requiring payment of the principal money
has been served on the mortgagor, or on one several mortgagors,
 47

and default has been made in payment of the principal money, or

of part thereof, for three months after such service: or
(b) some interest under the mortgage amounting at least to five
hundred rupees is in arrear and unpaid for three months after
becoming due.
(3)When a sale has been made in professed exercise of such a
power, the title of the purchaser shall not be impeachable on the
ground that no case had arisen to authorize the sale, or that due notice
was not given, or that the power was otherwise improperly or
irregularly exercised but any person damnified by an unauthorized or
improper or irregular exercise of the power shall have his remedy in
damages against the person exercising the power.
(4) The money which is received by mortgagee, arising from the
sale, after, discharge of prior incumbrances, if any, to which the sale is
not made subject, or after payment into Court under section 57 of a
sum to meet any prior incumbrance, shall in the absence of a contract
to the contrary, be held by him in trust to be applied by him, first, in
payment of all costs, charges and expenses property incurred by him as
incident to the sale of any attempted sale: and secondly, in discharge of
the mortgage-money and other money, if any, due under the mortgage;
and the residue of the money so received shall be paid to the person
entitled to the mortgaged property, or authorized to give rece ipts for
proceeds of the sale thereof.
(5)Nothing in this section or in section 69(A) applies to powers
conferred before the first day of July, 1882.
-၆၉

(၁) က က က က

က ။
 48

(က) ၍

၊ ၊

က က က

က ။

( ) ၍

က က က

က က ။

( ) က က

က ၊ ၊

၊ ၊ က က

က ။

(၂) က က က က

က ။

(က) က က ၊

၄ က က

က က

ကက က ။
 49

( ) က

က က က က

က ။

(၃) က က ၍

က က

က ၊ က ၊

က က

က က က က

က ၊ က

က ၊ က

က က ။

(၄) က က က

က က က ၄ က

က က က က ၄၇

က က က

က က

ကက က

က ။

က ။

က က က က

၊ ။
 50

4.5.4 Appointment of Receiver

S. 69(A) (1) A mortgagee having the right to exercise a power of

sale under section 69 shall, subject to the provisions of sub section
(2), be entitled to appoint, by writing signed by him or on his behalf, a
receiver of the income of the mortgaged property or any part thereof.

၆၉ က

၄ က

က ၍ က

က က ။

(2) Any person who has been named in the mortgage-deed and
is willing and able to act as receiver may be appointed by the
mortgagee.
If no person has been so named, or if all person named are
unable or unwilling to act, or are dead, the mortgagee may appoint any
person to whose appointment the mortgagor agrees; failing such
agreement, the mortgagee shall be entitled to apply to the Court for the
appointment of a receiver, and any person appointed by the mortgagee.
A receiver may at any time be removed by writing signed by or
on behalf of the mortgagee and the mortgagor, or by the Court on
application made by either party and on due cause shown.
A vacancy in the office of receiver may be filled in accordance
with the provisions of the sub-section.
(3) A receiver appointed under the powers conferred by this
section shall be deemed to the agent of the mortgagor; and the
mortgagor shall be solely responsible for the receiver's acts or defaults,
 51

unless the mortgage-deed otherwise provides or unless such acts or

defaults are due to the improper intervention of the mortgagee.
(4) The receiver shall have power to demand and recover all the
income of which he is appointed receiver by suit, execution or
otherwise, in the name either of the mortgagor or of the mortgagee, to
the full extent of the interest which the mortgagor could dispose of,
and to give valid receipts accordingly for the same, and to exercise any
powers which may have been delegated to him by the mortgagee in
accordance with the provisions of this section.
(5) A person paying money to the receiver shall not be
concerned to inquire if the appointment of the receiver was valid or
not.
(6) The receiver shall be entitled to retain out of any money
received by him, for his remuneration, and in satisfaction of all costs,
charges and expenses incurred by him as receiver, a commission at
such rate not exceeding five percent, on the gross amount of all money
received as is so specified, then at the rate of five percent, on that
gross amount, or at such other rate as the Court thinks fit to allow on
application made by him for that purpose.
(7) The receiver shall, if so directed in writing by the
mortgagee, insure to the extent, if any, to which the mortgagee might
have insured, and keep insured against loss or damage by fire, out of
the money received by him, the mortgaged property or any part thereof
being of an insurable nature.
(8) Subject to the provisions of this Act as to the application of
insurance money, the receiver shall apply all money received by him as
follows, namely:-
(i) in discharge of all rents, taxes, land revenue, rates and
outgoings whatever affecting the mortgaged property;
 52

(ii) in keeping down all annual sums or other payments, and the
interest on all principal sums having priority to the mortgage in
right where of he is receiver;
(iii) in payment of his commission, and of the premiums on fire,
life or other insurances, if any, property payable under the
mortgage-deed or under this Act, and the cost of executing
necessary or proper repairs directed in writing by the mortgagee;
(iv) in payment of the interest falling due under the mortgage;
(v) in or towards discharge of the principal; money, if s o
directed in writing by the mortgagee, and shall pay the residue, if
any, of the money received by him to the person who, but for the
receiver, would have been entitled to receive the income of
which he is appointed receiver, or who is otherwise entitled to
the mortgaged property.
(9) The provisions of sub-section (1) apply if and as far as a
contrary intention is not expressed in the mortgage-deed; and the
provisions of sub-sections (3) to (8) inclusive, varied or extended shall,
as far as may be, operate in like manner and with all the like incidents,
effects and consequences, as if such variations or extensions were
contained in the said sub-sections.
(10) Application may be made, without the institution of a suit,
to the Court for its opinion, advice of direction on any present question
respecting the management or administration of the mortgaged
property, other than questions of difficulty or importance not proper in
the opinion of the Court for summary disposal. A copy of such
application shall be served upon, and the hearing thereof may be
attended by, such of the persons interested in the application as the
Court may think.
The costs of every application under this sub-section shall be in
the discretion of the Court,
 53

(11) In this section, "The Court" means the Court which would have
jurisdiction in a suit to enforce the mortgage.

4.5.5 Accession to Mortgaged Property

S.70. If, after the date of a mortgage, any accession is made to
the mortgaged property, the mortgagee, in the absence of a contract to
the contrary, shall, for the purposes of the security, be entitled to such
accession.

။ ၇၀

က က

က က ။

Illustrations
(a) A mortgages to B a certain field bordering on a river.
The field is increased by alluvion. For the purposes of his
security, B is entitled to the increase.
(b) A mortgages a certain plot of building land to B and
afterwards erects a house on the plot. For the purposes of
his security B is entitled to the house as well as the plot.

4.5.6 Renewal of Mortgaged Lease

S.71. When the mortgaged property is a lease and the mortgagor

obtains a renewal of the lease, the mortgagee, in the absence of a
contract to the contrary, shall, for the purposes of the security be
entitled to the new lease.
 54

၇၁

၍ က

က က က က

က က

4.5.7 Rights of Mortgagee in Possession

S.72, A mortgagee may spend such money as is necessary –
(a) * * * *
(b) for the preservation of the mortgaged property from
destruction, forfeiture or sale;
(c) for supporting the mortgagor's title to the property;
(d) for making his own title thereof good against the
mortgagor; and
(e) When the mortgaged property is a renewable lease-hold,
for the renewal of the lease; and may, in the absence of
contract to the contrary, and such money to the principal
money the rate of interest payable on the principal, and
where no such rate is fixed, at the rate of nine percent, per
annum;
Provided that the expenditure of money by the mortgagee under
clause (b) or clause (c) shall not be deemed to be necessary unless the
mortgagor has been called upon and has failed to take proper and
timely steps to preserve the property or to support the title.
Where the property is by its nature insurable, the mortgagee may
also, in the absence of a contract to the contrary, insure and keep
insured against loss or damage by fire the whole or any part of such
property; and the premiums paid for any such insurance shall be added
 55

to the principal money with interest at the same rate as is payable on

the principal money or, where no such rate is fixed, at the rate of nine
per cent per annum. But the amount of such insurance shall not exceed
the amount specified in this behalf in the mortgage-deed or (if no such
amount is therein specified) two-thirds of the amount that would be
required in case of total destruction to reinstate the property insured.
Nothing in this section shall be deemed to authorize the
mortgagee to insure when an insurance of the property is kept up by or
on behalf of the mortgagor to the amount in which the mortgagee is
hereby authorized to insure.

( ) ၇၂။

က က က ။

(က) + + + + + + +

( ) က ၊

က က ။

( ) က က က ။

(ဃ) က က ၍ က

( ) က

။
 56

4.5.8 Right of Proceeds of Revenue Sale or Compensation on

Acquisition

S. 73. (1) Where the mortgaged property of any part thereof or

any interest therein is sold owing to failure to pay arrears of revenue or
other changes of a public nature or rent due in respect of such property,
and such failure did not arise from any default of the mortgagee, the
mortgagee shall be entitled to claim payment of the mortgage-money,
in whole or in part, out of any surplus of the sale proceeds remaining
after payment of the arrears and of all charges and deductions directed
by law.
(2) Where the mortgaged property of any part thereof or any interest
therein is acquired under the Land Acquisition Act, or any other
enactment for the time being in force providing for the compulsory
acquisition of immoveable property, the mortgagee shall be entitled to
claim payment of the mortgage-money, in whole or in part, out of the
amount due to the mortgagor as compensation.
(3) such claims shall prevail against all other claims except those of
prior incumbrancers, and may be enforced notwithstanding that the
principal money on the mortgage has not become due.

က ၍

က ။ -၇၃

ကက က က

က၍ ၊ က

က ကက က က က
 57

က က

က က ၊ ကက

က ၊ ။

က က

က ။

4.6. Liabilities of Mortgagee

(1) Liabilities of mortgagee in possession

S. 76. When, during the continuance of the mortgage, the

mortgagee takes possession of the mortgaged property, –
(a) he must manage the property as a person of ordinary
prudence would manage it if it were his own;
(b) he must use his best endeavours to collect the rents and profits,
thereof;
(c) he must, in the absence of a contract to the contrary, out of the
income of the property pay the Government revenue, all other
charges of a public nature and all rent accruing due in respect
thereof during such possession, and any arrears of rent in default
of payment of which the property may be summarily sold;
(d) he must, in the absence of a contract to the contrary, make
such necessary repairs of the property as he can pay for
out of rents and profits thereof after deducting from such
rents and profits the payments mentioned in clause (c) and
interest on the principal money;
 58

(e) he must not commit any act which is destructive or

permanently injurious to the property;
(f) where he has insured the whole or any part of the property
against loss or damage by fire, he must, in case of such
loss or damage, apply any money which he actually
receives under the policy, or so much thereof as may be
necessary, in reinstating the property, or if the mortgagor
so directs, in reduction or discharge of the mortgage-
money;
(g) he must keep clear, full and accurate an account of all
sums received and spent by him as mortgagee, and at any
time during continuance of the mortgage, give the
mortgagor, at his request and cost, true copies of such
accounts and of the vouchers by which they are supported;
(h) his receipts from the mortgaged property, or where such
property is personally occupied by him, a fair occupation-
rent in respect thereof, shall, after deducting the expenses
property incurred for the management of the property and
the collection of rents and profits and the other expenses
mentioned in clauses (c) and (d), and interest thereon be
debited against him in reduction of the amount (if any)
from time to time due to him on account of interest and, so
far as such receipts exceed any interest due, in reduction or
discharge of the mortgage-money; the surplus, if any, shall
be paid to the mortgagor;
(i) When the mortgagor tenders, or deposits in manner
hereinafter provided, the amount for the time being due on
the mortgage, the mortgagee must, notwithstanding the
provisions in the other clauses of this section, account for
his receipts from the mortgaged property from the date of
 59

the tender or from the earliest time when he could take

such amount out of court, as the case may be, and shall not
be entitled to deduct any amount therefrom on account of
any expenses incurred after such date or time in
connection with the mortgaged property.

က ။ -၇၆

(က) က က

က က ။

( ) က က က

၍ က က ။

( ) က က

က က

က ။

(ဃ) က က

( ) က က

( ) က က

က ။

( ) က က ၊ က က
 60

၊ ကက ၊ က

က ။

က က က

( ) က

က က က

( ) က

က က

က က ၊ ( ) (ဃ) က က

က က က က က

က က ။ ကက

၊ က ။ က

က ။

( ) က က

က က ၍ ၊
 61

က ။၄ က

က က

။
 62

Key Terms

Mortgage -

Mortgagor -

Mortgagee -

Secured -

Mortgage-money -

Mortgage deed -

Simple Mortgage - က

Mortgage by - က က ၍

conditional sale

Usufrctuary Mortgage - က

Anomalous Mortgage - က

Redeem -
 63

Questions

1. Define and explain Mortgage.

2. How many kinds of Mortgage Explain Mortgage by

Conditional Sale and Mortgage by Deposit of Title

Deeds with cases?

3. What are the essentials of Mortgage by Conditional

Sale?

4. What are the characteristic of a mortgage by deposit of

title deeds with cases?

5. Explain usufructuary mortgage.

6. What is the anomalous mortgage?

7. When is a usufructuary mortgagor entitled to recover

possession?

8. Can a simple or a usufructuary Mortgagee sue for

foreclosure or sale?
 Chapter 5

Lease of Immoveable Property

Contents Pages
5.1 Lease (Sec: 105) 2

5.2 Essentials of Lease 3

5.3 Distinction between a sale, a lease and a mortgage 6

5.4 Notice to Quit 8

5.4.1 Notice to quit in periodic tenancies 8

5.4.2 Form and construction of notice to quit 11

5.4.3 Service of Notice 17

5.5 Sec: 107 Leases how made 19

5.6 Sec: 108 - Rights and liabilities of the lessor and

the lessee 22

5.6.1 Rights and liabilities of the lessor 22

5.6.2 Rights and liabilities of the lessee 24

 2

Lease of Immoveable Property

ပ ပ

5.1 Lease (Sec: 105)

A lease of immoveable property is a transfer of a right to

enjoy such property, made for a certain time, express or implied,
or in perpetuity, in consideration of a price paid or promised, or
of money, a share of crops, service of any other thing of value, to
be rendered, periodically or on specified occasions to the
transferor by the transferee, who accepts the transfer on such
terms.
The transferor is called the LESSOR, the transferee is
called the LESSEE, the price is called the PREMIUM, and the
money, share, service or other thing is called the RENT.

ပဒ -၁၀၅ (Lease)

ပ ပ ပ ပ တ

ပ န တပ န တ ဖ တ န န န

ဖ ၊ တ တထ န တ ဖ ၊ ပ ၊ ပ

၊ ပ တ တနဖ တ ဖ ပ

ပ ပ ပ ၏ တ တ

တ တ တ တ န တ တ

ထ တ န ပ ပ ပ ပ

တ ။
 3

ပ ပ ထ (Lessor) ၊ ပ

(Lessee) ၊ န

န (Premium) ၊ တ ပ ပ ၊ ပ

တ တန ( e t) ၍ ။

5.2 Essentials of Lease

(1)There must be a lessor, who is able to make the lease. The
lessor must be an absolute owner or competency to grant a lease
depends upon competency to transfer under Sec: 7. In othe r words the
lessor must be competent to contract and have title or authority.
(2) There must be a lessee, who is capable of taking the thing
demised.
A lease executed in favour of a minor is null and void and does
not confer any right or title on lease Section 107 does not apply to
transferees. Both the sale to a minor and a mortgage to a minor are
valid. But it has been held that a lease to a minor is void as the lease
imports a covenant by a minor to pay rent and other reciprocal
obligations.
(3)The subject-matter of a lease must be immoveable property as
defined in section 3.
The subject-matter is therefore not only land and minerals and
building but also benefits to arise out of land such as fisheries, ferries,
market dues.......etc......
(4)A lease is not a mere contract but is a transfer of an interest in
that property. The estate transferred to the lease is called the leasehold.
The estate remaining in the lessor is called the reversion.
(5)The leases recognized by this section are leases for a certain
time, periodic leases, and leases in perpetuity.
 4

Leases for a certain time may be defined either by express or

implied.
Periodic leases are tenancies from year to year or from month to
month. The period may be a year, a quarter, a month or even a week,
and the mode in which the rent is reserved may afford a presumption as
to the period of the lease.
Leases in perpetuity are either by an express grant or by a
presumed grant. Such leases are generally agricultural leases.
(6)Consideration may be paid or promised. It is money or
money's worth, such as, a share of crops, services or any other thing of
value.
The consideration is either premium or rent of forming part of
the consideration of the lease or nature of rent.
(7)There must be an acceptance of the thing demised, and of the
estate by the lessee.
(8) According to Sec: 107, a lease of immoveable property must
be made by a registered instrument.

န ပ

(၁) ထ ပ ပ န

ပ ပ ပ ပ နပ တ

ဏ ။

(၂) ပ နတ ပ ပ

န ။

တ ပ
 5

ပ ပ ။

ပဒ -၁၀၇ ထ

ပ ပ န ပ ။

(၃) ပ ပ ဖ ။

(၄) ပ ၏ ပ ပ ဖ ။

(၅) န တ တ တ

တ တ တ န တ ဖ ၊

ထ တန တ ဖ ။

(၆) န န (Premium)

( e t) တ န

ဖ ။

တ ။။ န

တ ထ

တ ပ ဖ ။

န တ တတ ဒ တ ပ

(၇) ပ ။

(၈) ပ ပဒ ၁၀၇ပ ပ န တ

ပ ပ ။
 6

5.3 Distinction between a Sale, a Lease and a Mortgage

A sale is a transfer of ownership in exchange for a price paid or
promised.
A lease is a transfer of a right to enjoy immoveable property
made only consideration of a price.
A mortgage is the transfer of an interest in specific immoveable
property for the purpose of securing the payment of money advanced
or to be advanced.

Sec: 106-Duration of Certain Leases in Absence of Written

Contract or Local Usage
ပ တ ဓ ထ တ

တ ပ ။ ပဒ -၁၀၆

In the absence of a contract or local law or usage to the contrary,

a lease of immoveable property for agricultural or manufacturing
purposes shall be deemed to be a lease from year to year, terminable,
on the part of either lessor or lessee, by six months notice expiring
with the end of a year of the tenancy; and a lease of immoveable
property for any other purpose shall be deemed to be a lease, from
month to month, terminable, on the part of either lessor or lessee, by
fifteen days notice, expiring with the end of a month of the tenancy.
Every notice under this section must be in writing, signed by or
on behalf of the person giving it, and tendered or delivered either
personally to the party who is intended to be bound by it, or to one of
his family or servants at his residence, or (if such tender or delivery is
not practicable) affixed to a conspicuous part of the property.
 7

န ပ တ ဒ ပ ဒ

တဓ ထ -

ပ န တ ဖ ၊ န ထတ ပ န တ ဖ ၊

ပ ပ တ ပ တ

ဖ ။ ထ ၊

၊ န တ ပ န

န န ၆ တ တ ပ

တ တ ။

တ ပ ပ တ

ပတ ဖ ။ ထ ၊

၊ န

တ ပ န န န ၁၅ တ တ ပ

တ တ ။

ပဒ ပ တ ဖ ပ တ

ပ တ ဖ ၊၄ တ ဖ ၊ တ ထ၍ တ

န န ထ တ ဖ ၊ တ ၄ ဖ

တ၄ ၏ တ တ၄ ဖ

ပ ပ ။ ပ ပ န ဖ ပ ၌

န တ ထ တ ပထ ။
 8

5.4 Notice to Quit

ထတ တ

According to the provision of section 106 a notice to quit must

satisfy the following requisites:
(1) Notice to quit in periodic tenancies.
(2) Form and construction of notice to quit.
(3) Service of notice

ပ ပ ၌ ထ

ထတ ပ ပဒ -၁၀၆ ပ ပ န

တ ပ ။ ထတ တ တ န -

(၁) တ တ ပ ။

(၂) တ တ ပ ။

(၃) တ ပ ပန ။

တတ တ တပ ဖ ။

5.4.1 Notice to Quit in Periodic Tenancies

In the case of periodic leases, the common law rules as to notice
to quit is that reasonable notice must be given to determine the
tenancy.
 9

(A) Length of Notice

Agricultural or manufacturing purposes are deemed to be yearly

leases; and in the case of yearly leases a half year's notice to quit at the
end of some year of the tenancy has from early times been held to be
sufficient. If the tenancy is a monthly tenancy a notice must give the
tenant 15 day's notice. The section fixes six months for yearly a nd
fifteen days for monthly tenancies created by implied demise.

(B) Calendar
If a tenancy from year to year or month to month on the basis of
year or month calculated according to Myanmar Calendar, it should be
calculated according to that calendar. If a tenancy is regulated by the
British Calendar, a notice calculated according to the British
Calendar .

(C) Date of Expiry of Notice

The notice must expire with the end of a year or a month of the
tenancy. It should expire on the last day of that period. Th us, if the
tenancy is monthly tenancy beginning with the first day of each,
th
month, a notice by the tenant on the 9 of June that he would leave in
a month time is invalid. For although it gave more than 15 days notice
it did not terminated the tenancy at the end of the month.
th
For Example: a monthly tenancy beginning on the 6 of each
th
month with rent payable on the 5 of the next month a notice to quit
th
given on the 30 June for the end of July was invalid as it did not
expire on the last day of the period of the tenancy.
The date of expiry of tenancy depends upon the date of its
commencement and that again depends upon whether the lease is
expressed to begin from or on a certain day.
 10

15-days notice means 15 clear days. If service of notice made by

post, it must not count to the postal date but to the date of the notice
has been delivered.
th th
So that a notice to quit on the 30 of a month served on the 15
of a month is inadequate. But the notice may be in excess of fifteen
days at the pleasure of the lessor. In the case of a monthly tenancy a
notice of two months instead of fifteen days has been held to be valid.

တ တ ပ

( ) ပ နတ တ တ ပတ

ဖ ပ

န ၆ တ ၍ တ ပ ။

ပ တ တ ပတ

ဖ ပ န ၁၅-

တ ၍ တ ပ ။

( ) ဖ ၊ ဖ ၊ န

ပ ဒန ပ တ ၍ န တ ။

ပပ ဒန ပ တ ၍ ပ တ

( ) တ န

၁၅ တ ၍ တ ပ န ၏

တ ပ ၁၅ ။ ၍ တ

ပပ တ ထ န တ ပ န

တ တ ။
 11

1
“ န ဖန ” ထတ ပ ပ ပ

ဒပဒ ၁၀၆ တ ပဒ ၂ပဒ ၍ ဖ ပပ

၍ ဓပ န ဖ ပ။ တ ပ

န ၁၅ တ ၍ တ ။ ထ န တ

ပ ပ ပ ပဒ ၏ ပဒ ၂ တ ပ တ

န ပ ပ ။ ထ ၁၉၅၄

၁၂ န ဖ တ တ ထ ထ

၁၇ န ဖ ပ ပ ပ ဒပဒ ၁၀၆၊

ပဒ ၁ တ ပ ပ န ၁၅ တ တ

ပ တ တ တ

ဖ ဖတ ။

5.4.2 Form and Constuction of Notice to Quit

ထတ တ တ ပ

A notice to determine a lease must be as follows;

(A) It should be in writing.

It should be tendered or delivered to the addressee.

( ) န ပ ပ န န ဖ ပ ။

Abdul Bari Vs S.M Abowath 1950 B.L.R (H.C) 401

Held: The dispatch of a notice under S: 106.

1
န ဖန ၁၉၆၀ ၊ ၊တ ၁၀၅။
 12

Transfer of Property Act and S.11(1)(a) of the Urban Rent

Control Act,1948 by registered post to a person at a wrong address will

not raise any presumption of service. The burden of proof is on the

party asserting to show that in spite of a wrong address being given on

the notice; it was in fact delivered to the defendant. The service of

notice under the above section is a condition precedent to the filing of

an ejectment suit.
2
“Abdul Barl S.M, Abowath” ထတ ပ ပ

ပ ဒပဒ -၁ ၆ ပ ပ ပ ဒပဒ -

၁၁(၁) ( ) တ တ တပ တ ၍ ပပ တ

ပ ၍ပ တ တ ။ ပ န

တ ထ ပ ။

ပ တ ပ ။ ထ

န တ ပပ ထ န

ဖတ ။

S.L Barua Vs S.M Abowath 1950 B.L.R (H.C)404

The appellant was the tenant of the house No.489-c, Prome

Road, belongs to the Respondent. In the notice served on the tenant to
determine the tenancy, the number of the house was given as 489 and
not 489-c and the receipt of the notice were admitted. It was contended
that notice was invalid owing to mention of the wrong number. Held
that the notice was good and effective in law. The test of sufficiency of

2
Abdul Bari V.S.M. Abowath, 1952, B.L.R. 401 (H.C)
 13

notice is what it would mean to the tenant conversant with all the facts
and circumstances and not what they would mean to a stranger.

3
“S.L. Baru a S.M. Abowath” ထတ ပ တ

၄၈၉( )တ နထ ထ န

တ ပ တ ၄ တ တ-၄၈၉( )

ပ ၄၈၉ ပ တပ ပ ပ ပ ။ ပ တ

န ။ တ န

တ ပ န

န ဖ ။ တ ပ ဒ ထ န တ

ဖတ ။

(B) It should state definitely the proper time for the

determination of the contract and should expire with the end of the
year or month of the tenancy, as the case may be.

( ) န န န န ဖ ပ ။
4
“ တ ပ ၂” ထတ ဖ ၁၃၂၀

တ န ၁၂ န တ တ တ

ပ တ ဖ ပထ ။ “၁၃၂၃ န န န ၁၂ န

နတ နထ ပ ဖ ထ

ပ ။” ဖ န ဖ န ၁၂ န

တ ၁၃၂၃ န န န ၁၁ န န န၌

3
S.L. Barua V.S.M. Abowath, 1952, B.L.R. 404 (H.C)
4
တ ပ ၂၊ ၁၉၆၃၊ ၊ ၊တ ၁၀၂၇။
 14

န ။ထ တ ၁၃၂၃ ၊န န

န ၁၂ ၊ နတ နထ ပထ ဖ ပ

ပ ၊ ပ ဒပဒ ၁၀၆ ပ” ဖတ ။

(C) The notice must be definite. It must be explicit and positive.

( ) တ ထ ပ န တ ဖ ပ ။

U Sein Win (Appellant) Vs U Mya Than (Respondent) 1959

B.L.R P 229 (H.C)

In a notice sent by the respondent to the appellant it was

mentioned that five months rent at the rate of K.100 per mensum from
December 1955 to April 1956 was in arrears, that legal action would be
st
taken against the appellant if he continued his stay bey ond the 1 June
1956 without settling the arrears of rent and that the notice was given
under sec: 106 of the Transfer of Property Act. It was contended that as
there was no express mention in the notice that the lease was to expire
at the end of May 1956 and that as there was no demand in the notice
requiring the appellant to vacate, the notice was not one determining
the lease.
Held that the notice was not effective in law.

5
“ န န” ထတ တ တ တ

ပ၁၀၀ န ၁၉၅၅ ဒ ၁၉၅၆ ပ ထ ၅-

တ န ။ န ပ ပ ၁၉၅၆- န ၁

န၍ နထ တ တ

5
U Sein Win V.U Mya Than 1959 B.L.R 229 (H.C)
 15

တ ထ ပ ပ ပ ဒ ပဒ -၁၀၆

တ ပ ။ ၁၉၅၆ နတ န

တ တ ပ တ ၊ ထ န တ

ပ တ ထ တ

ပ တ တ ဖတ ။

(D) The notice must be clear and unambiguous so that the tenant may
safely and unhesitatingly act upon it. But it does not need to be word
with the accuracy of a plea.

(ဃ) တ တ တ ဖ ပ ။ ပ

တ န ။

Ko Ba Shin and one (Appellants) Vs. Daw Khin

(Respondent) 1958 B.L.R 288 (H.C)

Where it is contended that a notice to quit in Burmese containing

the words 1957 is invalid as calling upon the tenants the quit on or
st st
before the 31 March 1957 and not on the 31 March 1957, in view of
the provisions of S-106 of the Transfer of Property Act. Held: that the
st
notice in effect was a notice to quit on the expiry of the 31 March
1957, and that even if it can be construed as notice to quit on or before
st
the 31 March 1957 and it would still be a valid notice.

6
“ ပ၂ ဒ ” ထတ “၁၉၇၅ ၊ တ ၃၁

န ထ ပ တ ပ န ပ ထ

” ထတ တ တ ၊

6
Ko Ba Shin and one V. Daw Khin 1958 B.L.R. 288 (H.C)
 16

ပ ပ ပ ဒပဒ ၁၀၆ ၁၉၅၇

တ ၃၁ နတ ထ တ ၁၉၅၇ တ

၃၁ ၊ တ ၄ တ ထ ဖ ။

ပ ပ ပ ဒ ပဒ ၁၀၆ ပပ တ

တ ဖ ပ ။ တ တ တ

န ပ ဖတ ။

Notice issued under S.106 of the Transfer of Property Act should

be constructed strictly but this does not necessarily mean that they
should be worded with the accuracy of a plea in a civil suit.

(E) It must give the tenant a notice of ejectment or the tenant must
vacate the house (land) by the time specified;
( ) တ ပပ န ဖ ပ ။

တ န

န တ ၁၅ တ တ တ ဖ

တ တ ပပ န ဖ ပ န ထ ။

(F) It must state that if the tenant occupy are not vacated within the
specified date, a file of suit against the tenant;
( ) ဖတ တ ပ ။

တ န န ထ ၍ ပ ပ

၊ န ပ ပပ ဖ ပ ။

(G) It should be signed by or on behalf of the person giving it.

( ) ထ တ၄ ၏ တ

ထ ။
 17

5.4.3 Service of Notice

တ ပ ပန

Notice to quit may be served. (A) by post or (B) at the residence

or (C) by other ways.

တ ပ ပန ပ တ ။၎ တ
( ) တ တ ပပ ၊( ) တ ပ
( ) န ဖ ပ တဖ ။

(A) Service by Post

Notice may be sent registered post, the post office being a

recognized agent for the transmission of letters.
The presumption that a notice sent by post was duly served is not
a conclusive presumption of law, it is merely a presumption of fact.
Before the presumption of due service can be applied, it is necessary to
prove that the notice was sent in a cover which was properly addressed.

( ) တ တ ပပ

တ န ၁၅ တ ၍

န တ ပ န တ

။ တ ပပ တ တ န တ ပ တ

န တ ပ ဖ တ တ

ထ ပထ တ န ပ ။ထ ပ ပ

န န ပ၍ ပ တ ပ ပ ပ ။

တ ပပ တပတ ၍ပ ၊ တ
 18

ပ တပ ဖ ပ ။ ပ န န တပ၍ တပတ ပ တ ပ

ပ၍ပ ပ ပ ၄ ဖ

ဖ ။

Mullaiya Vs D.M. Molakchang 1953 B.L.R 285

Held: Where a notice is required by law to be sent by post, it is
deemed in law to have been effected, if it is dispatched by pre-paid
registered post, containing the proper address of the person to whom it
is sent.

7
“Mualla a D.M.Molakcha d” ထတ ပ ဒ

တ တ ပပ တ တ ပ ထ

၄ ၏ ပ န ၍ တ ပ ပ ပ တ

တ ပ ပ ပ ပ ဒပဒ ၁၀၆

ပ န ပ ပ တ ဖတ

(B) Service at Residence

Service at residence is affected by delivery to a servant or a

member of the other party's family. Under the section such service is
equivalent to service on the party himself. The words "or to one of his
family or servants at his resident" provide an alternative mode of
service, and not available only of personal service is impossible.

7
Mullaiya V.D.M M…. 1958 R.L.R. 285.
 19

( ) တ ပ

တ ပပ တ ဖ ၄

တ ဖ ၏ တ ဖ ၄ ၄ ၏

တ ဖ ၄ ဖ ၏ ဖ

ပ ပ ။

(C) Service by Other Ways

If the above mention modes of service fail, personal service may
be on the lessor. The lessor shall be affected by nailing or affixing the
notice on the main door of the lessee house .
( ) န ဖ ပ

တ ပပ တ တ ပပ တ

န ပ ပ ( ပ ပ )

ဖ ၍ ပ ၏ န တ

( ပ - တ တ ) တ ပထ ဖ တ

ပ ။

5.5 Sec: 107 Leases How Made

A lease immoveable property from year to year or for any term

exceeding one year or reserving a yearly rent, can be made only by a
registered instrument.
All other leases of immoveable property may be made either by a
registered instrument or by oral agreement accompanied by delivery of
possession.
Where a lease of immoveable property is made by a registered
instrument, such instrument or, where there are more instrument that
 20

one, each such instrument shall be executed by both the lesso r and the
lessee:
Provided that the President of the Union may from time to time,
by notification in the Gazette, direct that leases of immoveable
property, other than leases from year to year, or for any term exceeding
one year or reserving a yearly rent, or any class of such leases may be
made by unregistered instrument or by oral agreement without delivery
of possession.

ပ ပ န။ ပဒ -၁၀၇

ပ ပ တ ပတ ၍

တတ ထ ပ၍ တ န တ တ၍

တပ တ ပဖ ပ ပ ။

ပ ပ တပတ ပဖ တ

၄ ၊ ပ တ ပတ ထ ပပ ပတ တ ထ

တ ထ ။

န ပနတ တ န

ထ ၍ ပ တ ၊ တ

တ ထ ပ၍ တ န န တ တ၍

တ တ ပ

န ဖ တ တ ပတ ပ တ

ဖ ဖ ၊ပ ပ ပပ တ တဖ ဖ ပ ပ

ထတ ပန ။
 21

General: - This section must be read as supplement to the

Registration Act.
Sec: 107 does not lay down that a lease of immoveable property
can be made only by a registered instrument, but it can be made only
by a registered instrument in three cases.
(a) a lease from year to year
(ii) a lease for any term exceeding one year and
(iii) a lease reserving a yearly rent.
Maung May and one (appellants) Vs. U Ba Thwe and one
(Respondents) 1950 B.L.R. 71.
Held: that a lease is defined in S.105 of the Transfer of Property
Act. Under S.107 a lease of immoveable property from year to year for
any term exceeding one year can be made only by a registered
instrument and all other leases of immoveable property may be made
either by a registered instrument or by oral agreement accompanied by
delivery of possession.
A lease implies that there should be two parties the lessor and
the lessee and the instrument of lease contains covenants that both the
lessor and the lessee agree to. Therefore a lease can not be affected
unless the lessor is a party to the instrument of lease. As Exhibit A in
the case was signed by one party only it can in effect be no more than
an agreement to lease.

8
“ ပ၂ ၂” ထတ တ

ထ ၍ ။ ပတ

ထ တ ပ ။ထ

ထ ပတ ပ ဖ

8
Mg Maw and one V.U Ba Thwe and one 1950 B.L.R. 71
 22

တ တ တ တ ထ ဖ

၄ န တ ထ ပ၍ ဖ ဖတ ။

5.6 Sec: 108 - Rights and Liabilities of the Lessor and the

Lessee

ထ တ၏တ န

ပဒ -၁၀၈

In the absence of a contract or local usage to the contrary, the

lessor and the lessee of immoveable property, as against one another
respectively, possess the rights and are subject to the liabilities
mentioned in the rules next following , or such of them as are
applicable to the property leased: -

န န ပ ၊ ဓ ထ တ

တ ပ ပ ထ

တတ ပတ န ပန န

5.6.1 Rights and Liabilities of the Lessor

ထ ၏တ န

(a) Disclosure of material defect

 23

The lessor is bound to disclose to the lessee any material defect

in the property, with reference to its intended use of which the former
is and the latter is not, aware of and which the latter could not with
ordinary case discover;

( ) ပ ပ ပ ၍

ထ ၊ န တဖ

တ ထ ပ ၏ တ ထ

ထတ ဖ ပ နတ န ။

(b) Delivery of Possession

The lessor is bound on lessee's request to put him on possession

of the property;

9
“ ဒ န ဒ တ တတ” ထတ ပ ပ

ပ ဒပဒ ၁၀၈တ ဖ ပပ ထ ၏တ န

န ထ ပ ပ ပ

ပ တ တထ န

တ ပ ပ ထ န တပ

တ ဖတ ။

“ န( ၄ ၏
10
တ န)” ထတ ပ တ ပ

ပ ပ ပ ပ ပ တ

9
Daw Khin Khin Sein V, Dr. Y.C, Gulati 1963 B.L.R. 328(C.C)
10
န( ၄ ၏ တ န ၊ ၊တ ၁၁၄၇၊ ၁၉၆၆
 24

ဖ ဖ ။ပ ပ ပ ပ ဒပဒ -

၁၀၈ ( ) ပ ပ ပ န

တ န ။ ပ ပ ပ

ပ နဖ ပ နတ န

တ၊ ပ န တ န ပ

။ ထတ ပ န ဖတ

(c) Quiet possession

The lessor shall be deemed to contract with the lessee
that, if the latter pays the rent reserved by the lease and
performs the contract binding on the lessee, he may hold the
property during the time limited by the lease without
interruption:
( ) ပ၍ န

န တ ပ န

ထ ပ တ ။

5.6.2 Rights and liabilities of the lessee

၏တ န

(d) Accession

If during the continuance of the lease any accession is made to

the property, such accession shall be deemed to be comprised in the
lease:
 25

(ဃ) တ ဖ န ပ တ တ တ တ ပ ဖ ထန

တ ပ ဖ ထန တ ပ

တ ။

(e) Destruction of leasehold property

If by fire, tempest, or flood, or violence of an army or of a mob,
or other irresistible force, any material part of the property be wholly
destroyed or rendered substantially and permanently unfit for the
purposes for which it was let, the lease shall, at the option of the
lessee, be void:
Provided that, if the injury be occasioned by the wrongful
act or default of the lessee, he shall not be entitled to avail
himself of the benefit of this provision:

( ) ပ တ ဓ ဖ ပ ၊ နတ

၊ ၊ တပ တ တ ဓ

( တ) တ တ

ပ တ

ဖ ၊

ပ ပ ပ ပ ။

ပ ၏ တ တ ပ

တ ပပ ဖ

ပ ပ ။
 26

11
“ ပ၂ န ပ ၃” ထတ ပ

ပ ပ ဒပဒ -၁၀၈( ) ပ န ဖ

ထ ဖ ပ ဖ

တ ဖ ဖတ ။

(f) Repairs

If the lessor neglects to make within a reasonable time after

notice, any repairs which he is bound to make to the property, the
lessee may make the same himself, and deduct the expense of such
repairs with interest from the rent or otherwise recover it from the
lessor;

( ) ပ တ ပ နတ န ပ န

ပ တ န တ ထ ပ

ပ ၍ န တ တ ထ

တ ။ တ ထ ထ န ဖ

တ ။

N.B Sen Gupta Vs U Jone Bin 1951 B.L.R 77 (H.C)

Held: It is elementary that for a tenant to enjoy a property of the
nature let out to the Appellant in this case some kind of a roof is an
absolute necessity. As the Appellant was in any circumstance entitled
to a roof of some sort in his part of the building, the failure of the
Respondent to put up one in conformity with the Building Bye -laws of
the Municipally was a clear breach of his legal duty which he owed to
his tenant.

11
ပ ၂ န ပ ၃။ ၁၉၆၂ ၊ ၊ထ၊ ၄၃၅။
 27

12
“ (န) တ(ပ)တ ” ထတ

တ နထ ပ တ တ ။

တ ပ န ပ ပ ဒ ပ

နတ န ။ ပ န ပ

ပ ဒ တ န ပပ ။

တ ပ န တ တ ထ ထ

ဖတ ။

(g) Payment of lessee

If the lessor neglects to make any payment which he is bound to
make, and which, if not made by him, is recoverable from, the lessee or
against the property the lessee may make such payment himself, and
deduct it with interest from the rent, or otherwise recover it from the
lessor;

( ) ထ တ တ ပ န ပ ပပ

ပ ထ ၊ပ

တ ပ ပ တ

ထ ပ ပ တ တ ။ တ

ထ ထ န ဖ တ ။

(h) Removal of fixtures

The lessee may remove, at any time during the continuance of
the lease, all things which he has attached to the earth provided he
leaves the property in the state in which he received it:

12
N.B Sein Gupta V.U Jone Bin 1951 B.L.R. 77 (H.C)
 28

( ) ပ ပ

န တ တ ပထ

ပ ။ ပ တ ။
13
“ ( ) ( ) ( ) န န ( )”

ထတ န န ၍ တ

၊ န ဒ ထဓ ၊

တ န

ဖ န ပတ ထ ပ တ ပထ

တ ပ ထ

ဖ ပ ” ဖတ ။

(i) Emblements
When a lease of uncertain duration determines by any means
except the fault of the lessee, he or his legal representat ive is entitled
to all the crops planted or sown by the lessee, and growing upon the
property when the lease determines, and to free ingress and egress to
gather and carry them.

( ) န န တပ ၇ တ ၏ ပ

တပ နတ

ပ တ ပ ထ ပ န

တ ဖ ၄ ၏တ

ဖ ၊ ။၄ ပ ၍

13
( ) ( ) ၊ ( ) န န ( )၊ ၁၉၆၂၊ ၊ ၊ထ ၄၂၅ (တ ပ)
 29

နပ တ တ ပ ထ ။

(j) Lessee's right of transfer

The lessee may transfer absolutely or by way of mortgage or
sub-lease the whole or any part of his interest in the property and any
transferee of such interest or part may again transfer it. The lessee
shall not, by reason only of such transfer, cease to be subject to any of
the liabilities attacking to the lease.

( ) ပ တ

ဖ ၊ တ တ ဖ ပ ၊

ပ ဖ ၊တ ထ ဖ

ပ ပ ။ ဖ တ တ

ဖ ၊ ပ ထပ ပ ပ ။

ပ ပ

တ န န တ န တ ။

Nothing in this clause shall be deemed to authorize a tenant

having an untransferable right of occupancy, the former of an estate in

respect of which default has been made in paying revenue, to assign

his interest as such tenant, farmer or lessee;

တ တ န ၍ နထ န ပ

ပ တ နထ ၊ နထ နပ

တ ထန ပ တ တ ထ နထ ၊

ထန ပ ဖ ပ ပ

။
 30

(k) Similar to the lessor's duty in clause (a)

The lessee is bound to disclose to the lessor any fact as to the
nature or extent of the interest which the lessee is about to take, of
which the lessee is, and the lessor is not aware, and which materially
increases the value of such interest;

( ) ပ တ ပ
ဖ ၍ ၊ တ ပ ၏ တန
တတ ဖ ၍
ထ ထ
ပ နတ န ။

(l) Payment of rent

The lessee is bound to pay or lender, at the proper time and place, the
premium of rent to the lessor or his agent in this behalf;

(ဌ) ထ ဖ ၄ ၏

ဖ တ န၊ တ န တ

န တ ပ နတ န ။

(m) Keeping and restoring the lease whole property

The lessee is bound to keep and on the termination of the lease,
to restore, the property in as good condition as it was in at the time
when he was put in possession, subject only to the changes caused by
reasonable wear and tear or irresistible force, and to allow the lessor
and his agents, at all reasonable times during the term, to enter upon
the property, and inspect the condition therefore, and give or leave
notice of any defect in such condition; and when such defect has been
caused by any act or default on the part of the lessee, his servants or
 31

agents, he is bound to make it good within three months after such

notice has been given or left;

(ဍ) ဖ ၊

တ တ ဖ န ပ တ ပ ၊ပ

တ ပ ပ န န တ

၍ တ ၄ ၏ န တ ပန ပ

ပ နတ န ။ ထပ ထ ၄ ၏

တ ဖ န တ နတ ပ

န ပ၍ ပ ပ ၍

တ ပ ပ ။ ပ ၄ ၏

တ ၏ ပ ပ တပ ဖ

တ ပ၃ တ ပ ပ ပ နတ န

(m) Lessor's title to be protected

If the lessee becomes aware of any proceeding to recover the
property of any part thereof, or of any encroachment made upon, or
any interference with the lessor's rights concerning such property, he is
bound to give, with reasonable diligence notice thereof to the lessor.

(ဎ) ပ ဖ ၊ တ တ ဖ န
၄ ၊ ၄ ပ ပ ၍ ထ ၏
န ၄ ၊
၄ ၊ တ ထတ
၍ ထ ။
 32

(n) Mode of lessee's use of the property

The lessee may use the property and its products (if any) as a
person of ordinary prudence would use than if they were his own; but
the most not use, or permit another to use, the property for a purpose
other than that for which it was leased, or fell timber pull down or
damage buildings, work mines or quarries not open when the lease was
granted, or commit any other act which is destructive or permanently
injurious thereto;

(ဏ) ပ တ ထပ ဖ ထန

န ၏ ပ ပ ဖ ပ

ပ ။ ပ

ပ တ ပ ၊

ပ ၊ တ ၊ ၊ ဖ ၊

ထ တ ဖ ပ တတ

တ ဖ ၊ တပ ပ တ ထ

န န ပ ပ ။

(o) Erection of permanent structure

He must not, without the lessor's consent, erect on the property
any permanent structure, except for agricultural purpose;

(တ) ထ ၏ တ ပပ ပ

တ ပ န တ တ ပ တ

ပ ။
 33

Maung Khin Maung Vs Daw Hla Yin and one (1948) B.L.R.
481
st
The plaintiff 1 respondent granted lease of a piece of land and a
dry duck to remain in force till repair of a motor launch is completed.
The defe da ts appellants gave back possession of the dry dock but
not of the piece of land on which they put up a permanent building,
pulling down the hut which was there. In a suit for ejectment the
defendants appellants claimed there were separate leases for the land
and the dock and that the defendants-appellants put up the building
with plaintiff 1st respondent's permission. The trial Court held that the
st
plaintiff 1 respondent was not entitled to eject the permanent
structure demolished.
Held on Appeal: That under ss. 11 (a) of the Urban Rent Control
Act the obligations of the tenancy implied there in under s.108, clauses
(o) and (p), of the Transfer of Property Act had been broken by the
tenants and the lease had been terminated in accordance with law under
st
s.111 (h) of the Transfer of Property Act and the plaintiff-1
nd
respondent was entitled to eject the appellant and 2 respondent.
Decree made for ejectment and for removal of the permanent structure.

14
“ ဒ ” ထတ တ ပ

တ ပ န တ တ ပ

။ တ ပ တ ဖ ပ

။ ပ ပ

ပန ပ ၊ တ ပ ၏ ပ ပ

ဖ ပ ထ န တ

14
Mg Khin Maung V. Daw Hla Yin 1948 B.L.B. 481 (H.C)
 34

ပ တ တ တ ပ ၏ ပ

ပ ပ ပ ဒ

ပဒ ၁၀၈ (ဏ) (တ) တ ဖ ဖ ပဒ ၁၁၁ ( )

နတ ပ တ

ဖ ပ ထ န ဖတ ။

Loung E Say (a) Leong E Kyain (Appellant) Vs Daw Khin

Kyi & Five others (Respondent) 1958 B.L.R P.504 (C.C)
Transfer of property Act S.108 (p) Permanent structure.
Partitions made in a building which is secured by means of
screws and which are detachable and moveable are not permanent
structures within the meaning of S.108 (p) of the Transfer of Property
Act.

15
“ ဒ ပ ၆” ထတ တ

တ တထ ပ တ ပ န တ

ဖ ဖတ ။

Tan Heng Soo (Appellant) Vs Aun Ku Khing(a) U Sein & one

(Resp) 1964. B.L.R (C.C) 79
Where there is satisfactory evidence to show that there is a local
usage enabling tenants to erect lofts inside the rooms tenanted by there
without the express consent of the landlord concerned, Section 108 (o)
and (p) of the Transfer of Property Act cannot operate in favour of the
landlords.

15
Loung E Say (a) Leong E Kyan V. Daw Khin Kyi and 5 others 504 (H.C) ၊ ၊ထ ၁၉၅၀
 35

16
“တန န ( ) တပ ” ထတ

ထ ပ န ထတ ထပ ၏ ပ ပ

ပ ပ ဓ ထတ ပ ပ ပ ဒ ပဒ

၁၀၀ (ဏ) (တ)တ ပ

ဖတ ။

U Maung Gale (appellant) Vs Madan Gopal Bagla and

one (respondents) 1964 B.L.R 834 (C.C)
Transfer of Property Act S.108 (o) & (p) permanent structure
what is Res judicata in an ejectment suit for breach of obligation of
tenancy when arises.
The plaintiffs (who were land lords) had obtained a permanent
injunction against the defendants (who are tenants) in a previous suit,
as it was held therein that the replacement of mud and plank walls by
brick nogging walls amounted to the erection of a permanent structure,
and in the absence of permission by the plaintiffs, the defendant had
contravened the provision of S.108 (p) of the Transfer of Property Act.
The plaintiff subsequently field another suit for ejectment of the
defendant for breach of obligation of tenancy under Sec.108 (q) & (p)
of the said Act, and the same controversy arose therein.
Held: the matter is res-judicata in the subsequent suit.

17
“ ဒန ပ ( ) ” ထတ

တ ထ ၏ န

တဖ ပ ပ ပ ပ ပ ဒ

ပဒ ၁ ၈ (တ) တ ပထ ဖ ၍

16
Tan Heng Soo V. Aun Ku Khing (a) U Sein and one 1964 (C.C) ၊ ၊ထ ၇၉
17
U Maung Gale V. Madan Gopal Bagla and one 1964. B.L.R. 834. (C.C)
 36

တ န တ ထတ ။

၄ န တ ပဒ ၁၀၈(ဏ) (တ)

ပ န ဖ ထ န တ

တ ၏ပ ပ တ ပ

ပ န ပ ပ ။ ပ န တ တ

ပ တ ဖတ ပ ပ ဖ ၍ တ တ ဖန န

ပ ဖတ ။
18
“ ဒ န” ထတ တ

တ ဖ ပထ

တ ဖ နဖ န ပ ပထ

နတ န ဖ ပ န ပ ပ ဖ ပထ ဖ ပ

န တ နထ န ဖ ပ ပ ဖ

တ ။ထ ပ ထ ပ ပထ နဖ န

ထ န တ ဏ န ပ ပ ပထ

တပ န တ ပပ ပ

ဖ ပ ထ ။ ထ တ

ပ ဖ ဖတ ။

(o) Restoration of possession

On the determination of the lease, the lessee is bound to put the
lessor into possession.

18
- ဒ န ၁၉၆၅၊ ၊ ၊ထ၊ ၄၀၆။
 37

(ထ) န ထ
ပ ပန ပ ။

ပ၁ ဏ ပ ၂ (၁၉၉၈၊ တ ၊ -၁၉၁)
တ တ ပ ပ ပ ပ ဒပ ဒ ၁ ၈( )
၁၉၆ ပ ပ ပ ပ ဒ
ပ ဒ -၁၁တ ပ ၏ တ
တ ပ န၏ ပ
ထ ပ ပ တ န
ဖ ဖ ဖ ပ ပ ။
ထ ဖတ ၏ တ
ထ ပ ပ ၌ တ
တ ပ ပ ပ ပ ဒပ ဒ ၁ ၈
( ) ထ တ န ဖ ဖ ထ
ဖ ။
၏ တ ပ
ထ ပ တ
ပ တ ပ။ ပ ပ ဖ ။
တ ပ တ
န ။ ပ ပ
တ ၊ ပ ဖ
ပ ပ ပ ပ ဒပ ဒ ၁ ၈(တ)
ပ ပ န ဖတ ။
ဒ (၁၉၉၉၊ တ ၊ ၂၁၆) တ ပ
ပ ပ ဒပ ဒ ၁ ၈တ န န ပ
တ ဒ ဓ ထ ပ ပ
ထ တ တ တ ၌
တ န ပန န ထ
ဖ ပ န ထ ။
 38

ပ ဒပ ဒ ၁ ၈(တ) ထ ၏ တ
( တ) ဒ ဓ ထ ထ
ပ ပ ၌ တ ပ ပ။
ထ ၏ တ တ
ဒ ဓ ထ ပပ
ထ တ န ဖ ဖ ထ
ဖ ။
တ ပ ဖတ ဒ
၏ တ ပ တ
ထပ ပ ဓ ထ ဖ
ထပ ပ ပ ပ ပ ဒ
ပ ဒ ၁ ၈(တ) တ န ဖ ဖ ဖတ
။

Key Terms

lease -

lessor - ထ
 39

lessee -

notice to quit - ထတ တ

periodic tenancies -

length of notice -

တ တ ပ

expiry of notice - တ တ

tenancy -

service of notice - တ ပ ပန

service by post - တ တ ပပ

service at residence - တ ပ

service by other ways - န ဖ ပ

possession -

Questions

1. What do you understand a lease of immoveable property?

 40

2. State briefly in what ways a lease can be terminated under the

Transfer of Property Act.

3. What are the essentials of a lease of immoveable

property?

4. Explain what is meant by "a lease of immoveable property"

5. Explain the essentials of a lease.

6. Briefly explain the principles relating to a valid notice to quit.

7. What are the essentials of a valid notice to quit under the

Transfer of Property Act?

8. If you are a lessor who intends to send a notice to quit to your

lessee by post, what period of notice would you give, and

what other form and construction, should you observe?

9. According to the Transfer of Property Act, Section 107, how can

a lease be made?

10. What are the rights and liabilities of the lessor?

11. Discuss briefly the rights and liabilities of the lessee?

12. How and to whom should an application for a grant or lease of land

be made?

13. What are the conditions as to terminating a lease?

 Chapter 6

Exchange
Contents Pages

6. Exchange (Sec: 118) 2

6.1. Definition 2

6.2. Sec: 119 Right of party deprived of thing

received in exchange 4

6.3. Sec: 120 Right and liabilities of parties 5

 2

Exchange

6. Exchange (Sec: 118)

Sec: 118 provide that:
When two persons mutually transfer the ownership of one thing for the
ownship of another, either thing or both things being money only, the
transaction is called an "exchange".
A transfer of property in completion of an exchange can be made
only in manner provided for the transfer of such property by sale.

။ -၁၁၈

၊ ၊

6.1. Definition
The definition of exchange is not limited to immoveable
property. If one of the items transferred is money, the transaction is not
an exchange but sale, for price is money only. But money in one form
may be exchanged for money to another form.

။
 3

- ။

။ ။

၊ ၊

Mode of Transfer
Where the exchange is of moveable things mere delivery i s
enough to complete the transfer. Where it is of immoveable things or
where one of the items is immoveable, and the value of any one of such
properties is of K.100000 or more.

၁၀၀၀၀၀ ၁၀၀၀၀၀

၁၀၀၀၀၀

၊ ၊

။
 4

The provisions of Sec: 54 will be applicable. And that transfer

will be completed only by a registered instrument. In the case of
immoveable property exchange is usually made by mutual conveyance.

- ၅၄ ၁ ၀၀၀

၁ ၀၀၀

၄ ၊

(Intangiable ၄

။ ၁ ၀၀၀

၊ ၊

6.2. Sec: 119 Right of Party Deprived of Thing Received in

Exchange
In the absence of a contract to the contrary, the party deprived of

the thing or part there of he has received in exchange, by reasons of

any defect in the title of the other party, is entitled at his option to

compensation , or to the return of the things transferred by him.

 5

Remedy: Each party warrants his title to the property give in

exchange. If a party is deprived of the whole or part of the exchanged

property by reason of any defect of title, he has two remedies;

(1) He may either cancel the contract or get back the property
(or)
(2) He may obtain compensation in damages for the loss caused
to him.

၂။

၁၁၉

၊ ၊

၊ ၊

6.3. Sec: 120 Right and Liabilities of Parties

Save as otherwise provided in this chapter, each party has the
rights, and is subject to the liabilities of a seller as to that which he
gives, and has the rights, and is subject to the liabilities of a buyer as
to that which he takes.
 6

The rights and liabilities of the parties to and exchange are the
same as those of the seller and the buyer of immoveable property, of if
the subject of the exchange is moveable property, or if the subject of
the exchange is moveable property, of goods. Therefore, where the
properties are immoveable Sec: 55 of the Transfer of Property Act will
determine the rights and liabilities of the parties, and where they are
moveable, the Sale of Goods Act, 1930, will apply as far as
practicable.

၃။

-၁၂၀

။
 7

Key Terms

exchange -

mutually -

deprived -

exchange of money -

damages -
 8

Questions

1. What is the definition of exchange?

2. What is the right of party deprived of thing received in

exchange?

3. What are the rights and liabilities of the parties to an

exchange?
 Chapter 7

Gift

Contents Pages

7.1 Gift (Sec.122) 2

7.2 Transfer how effect (Sec. 123) 5

7.3. Gift of existing and future property (Sec. 124) 9

7.4. Gift is several of whom on does not accept (Sec.125) 10

7.5. When gift may be suspended or revoked. (Sec 126) 10

7.6. Onerous gift (Sec: 127) 13

 2

Gift

7.1 Gift (Sec.122)

Gift is transfer of certain existing moveable or immoveable

property made voluntarily and without consideration, by one person,

called the donor, to another, called the donee, and accepted by or

behalf of the donee.

Such acceptance must be made during the lifetime of the donor,

and while he as still capable of giving.

If the donee dies before acceptance, the gift is void.

။ ၁၂၂

၊၄

(Donor) (Done

။
 3

The essential elements of gift are: -

(1) There should be a donor and a donee;

(2) The subject of gift must be a certain existing

property, moveable or immoveable;

(3) The gift should be made voluntarily and without

consideration;

(4) There should be a transfer on the part of donor;

(5) There should be acceptance by or on behalf of the

donee;

(6) The transfer of gift must be made only in accordance

with the requirements of section 123.

(၁ ။

(၂

(၃

(၄ ။

(၅ ၄

။
 4

(၆

။ ။

(၇

၁၀၀၀၀၀

၂ ၍ ။

(၈

၊ ။

(၄

(၂ ၇ ၊ ၁၈၉

-၁၂၂

။
 5

7.2 Transfer How Effect (Sec. 123)

Such delivery may be made in the same way as goods sold may

be delivered.

In the case of a gift of immoveable property (whatever may be

the value of property), the instrument of gift must be signed by or

behalf of the donor and attested by at least two witnesse s and it must

be registered. Delivery of possession is not at all essential.

In the case of a gift of moveable property it may be conveyed

either by a deed executed, attested and registered as in the case of

immoveable property or by delivery of possession. Here registration is

equivalent to delivery.

For the purpose of making a gift of immoveable property the

transfer must be affected (whatever be the value of the property) by a

registered instrument signed by or on behalf of the donor, and attested

at least by two witnesses.

 6

For the purpose of making a gift of moveable property the

transfer may be effected either by a registered instrument as a foresaid

or by delivery.

။ -၁၂၃။

၊ ၄ ၍

၄ ၊ ၄

၂(

(၂ ၊ ၊ ၇၃

၁၂၃

၍ ၂
 7

၊ ၊

(၁ ၂ ။

(၂ ၌

၊ ၊

(၃ ။

၃
 8

Difference as to the made of transfer of immoveable property

by sale & gift;

(1) In the case of a sale of tangible immoveable property of

the value of Ks. 100000 and upwards of must be made by a registered

instrument, and in the case of tangible immoveable property of a value

less than Ks. 100000, if may be made, either by a registered instrument

or by delivery of the property.

၁၀၀၀၀၀

၁၀၀၀၀၀ ။

၁၀၀၀၀၀

၊ ၊

Where as in the case of a gift of immoveable property, it must be

made by a registered instrument irrespective of its value.

။
 9

(2) In the case of a sale, attestation by at least two witnesses is

not compulsory, where as it is compulsory in the case of a gift.

၊ ၄ ၍

7.3. Gift of Existing and Future Property (Sec. 124)

A gift comprising both existing and future property is void as to

the latter.

Principle: Existing property can only be the subject of gift, future

property not in existence at the time of the gift cannot form the valid

subject of a gift. A gift of future property is a mere promise which

cannot be enforced and is therefore void. When a gift rests merely in

promise of unfulfilled intention, it is incomplete and imperfect, and the

court will not compel the intending donor, or those claiming under

him, to complete and perfect it.

။( ၁၂၄
 10

7.4. Gift is Several of Whom on Does Not Accept (Sec.125)

A gift of a thing to two or more donees, of whom one does

accept it, is void as to the interest which he would have taken had the

accepted.

Principle: Gift is and act by which anything is transferred voluntarily

form the grantor to the grantee, with the full intentions that the thing

shall not return to the donor. But a man cannot be compelled to take

what he does not desire to accept. Every gift is personal to the donee

and if the donee refuses to accept, the gift to him is void:

။( ၁၂၅

။ ။ ၊ ၊

၍ ။

7.5. When Gift may be Suspended or Revoked. (Sec 126)

The donor and donee may agree that on the happening of any

specified event which does not depend on the will of the donor a gift

shall be suspected or revoked, but a gift which the parties agree shall

be revocable wholly or in part, at the mere will of the donor is void

wholly or in part, as the case may be.

 11

A gift may also be revoked in any of the cases (save want or

failure of consideration) in which, if it were a contract, it might be

rescinded.

Save as aforesaid, a gift cannot be revoked.

Nothing contained in the section shall be deemed to effect the

right of transferees for consideration without notice.

၊ ၁၂၆

၊ ၊

။
 12

Illustrations:

(a) A gives a field to B, reserving to himself, with B's assent, the

right to take back the field in case B and his descendants die

before A. B dies without descendants in A's life time. A may

take back the field.

(b) A gives a lakh of kyats to B, reserving to himself, with B's

assent, the right to take back at pleasure kyats ten thousand out

of the lakh. The gift holds good as to Ks. 90,000 but is void as to

Ks. 10,000 which continue to belong to A.

။ ။ ။

။ ။

။
 13

7.6. Onerous Gift (Sec: 127)

Where a gift is in the form of a single transfer to the same person

of several his of which one is and the other are, not burdened by an

obligation the donee can take nothing by the gift unless he accepts it

fully.

။ -၁၂၇

Illustration:

A gives to B a plot of land and one house (which is mortgage

property) in the form of a single transfer B must accept the whole (the

land and the house) or reject them altogether. He is not allowed to take

that which is for his benefit and reject what is burdened wi th an

obligation.

Where a gift is in the form of two or more separate and

independent transfers to the same person of several things, the donee is

at liberty to accept one of them and refuse the others, although the

former may be beneficial and the latter onerous.

Illustration:
 14

A give to B a plot of land one house (which is mortgage

property) as a separate and independent transaction B can refuse to

accept the house and accept the land. In this case, the gift is separable

the donee may elect to accept what he pleases and refuse the others.

A donee not competent to contract and accepting property

burdened by and obligation is not bound by his acceptance. But if, after

becoming competent to contract, and being aware of the obligations, he

retains the property given, he becomes so bound.

။ ။

( ၍

။ ၍ ။

။ ။

၍ ။

။
 15

။ ။ ၄

။ ၄

Universal Donee (Sec: 128)

Subject to the provisions of section 127, where a gift consists of

donor's whole property, the donee is personally liable for all the debts

due by the donor at the time of the gift to the extent of the property

comprised therein.

။ -၁၂၈

၁၂၇ ၍

။ ။ ၄

-၁၂၇ ။ ။

။
 16

Saving of Donation Mortis Cause and Mohammedans Law

(Sec. 129)

Nothing in this chapter relates to gifts of moveable property

made in contemplation if death, or shall be deemed to effect any rule

of Mohammedans law or, save as provided by section 123, any rule of

Hindu or Buddhist law.

This section excludes gift of moveable property made in

contemplation of death from the operation of this chapter. It also lies

down that any rule of Mohammodans law would not be affected by

this chapter. Under Mohammedans law a gift is not valid under it is

accompanied by delivery of possession: registration is not necessary.

Under the Transfer of Property Act, want of delivery of possession

may be cured, by registration. But under the Mohammedan s law, even

if the gift is registered, it is not complete if delivery of possession is

not handed over to the donee. This section shall not over -rule any

Mohammedans law if found contrary to the provisions laid down in

this chapter.

။ -၁၂၉

၍ ၊

။။

။
 17

၁၀၀၀၀၀ ၁၀၀၀၀၀

။
 18

Key Terms

gift -

voluntarily -

consideration -

donor -

donee -

existing property -

moveable -

immoveable -

acceptance -

on behalf of the done -

ယ်စား

requirement -
 19

Questions

1. What is a gift? What are the essentials for a valid gift of

immoveable property under The Transfer of Property Act?

2. Is a registered instrument necessary for a gift of immoveable

property? Discuss.

3. Is a gift transfer of property?

4. Can you give moveable property in the same way as immoveable

property?

5. What kind of gift is void?

6. What is the difference between the transfer of immoveable

property by "Sale and Gift"?

7. How may a gift be revoked?

 Chapter 8

The Urban Rent Control Act, 1960

Contents Pages

8.1 Extend to the Areas in the Urban Rent Control Act 3

8.2 Definitions 7

၈.၃။ စ ည င စ င

င င ည စ ၁၂) 15

၈.၄။ င စ င င

င င ၁၃) 39

၈.၅။ င င င စ င

င ည စ ။ ၁၄) 42

၈.၆။ င င စ ၁၆) 46

၈.၇။ င စင

င ည စ ၂၇) 49

၈.၈။ စင ငင ဆ င 63
 2

The Urban Rent Control Act, 1960

၁၉၆ ည စ ဆင င

င င င ည

စစ ဆ ည ဆ ၊

၊ စ ည ၍

ည ည င င င ဆ

င င ည။

င ၁၉၄၆ စ ဆင င

ည။၁၉၄၇ စ င၄င ငဆင ည စ

ည။ စ ဆ ၁၉၄၆ စ ဆင င

င ငဆင ည စ င င ၁၉၄၈ စ

ဆင င ည။င

စ စ ည စ ဆ င

၄င စ ည။

င ဆ ည ည

င ည ငင င င ည င

ည။ င င ည ည

၁၉၄၈ စ ၁၉၅၉ စ င၍ ဆ

ည။ ဆ ၁၉၅၉ စ င ဆ

၁၉၆ ည စ ဆင င
 3

င ည။၁၉၆ ည စ ဆင င

ည င စ ည

င င င င ည စ ည င

ည။ င စည င

င င စည င င ဆင င

ဆ င ည။ ဆ င င ဆင င

ည ည င

ဆ င စ ည။ ဆင င

ည စည င င ည

စည င ည ညဆ ည င

ည။ စည င ည ဆင

င င ဆ င င

ည ည င ၍ ဆ င စ ည။

8.1 Extend to the Areas in the Urban Rent Control Act

In Urban Rent Control Act, 1960, S „ 1 (2), Subject to the provisions

of section 3, it shall extend to all urban areas in the Union of Burma.

၁၉၆ ည စ ဆင င

၁ ၂) င ၃ င ဆ င စ ည

ငစ ငင င ဆင စ ည

ည။
 4

Section - 3 (1) The President of the Union may, by notification,

exempt from the operation of this Act or any portion therefore any such area

or class of premises as may be specified in such notification and may

subsequently cancel or [….] such notification.

၃။ ၁) ငင ည င စ ၍

င စ င ည စ

စ စ င စ စ၊ စစ စ င စ

စ၊ ဆင င င င င ည င င င ည

င စ င ည။ ည င င

ည။

Section - 3 (2) If any question arises whether any premises come

within an urban area of within any area or class of premises exempted from

the operation of the Act by notification under subsection (1), the decision of

the President of the Union on such question shall be final.

၂) စ စ ည င င၊ င ည

င ဆင င ၁) င စ ၍

င င ည စ စ စ

င င၊ င င ငစ ၍

ငင ဆ ည ည စ စ ည။

Section - 3 (3) Nothing in sections 9, 11 or 12 of this Act shall apply

to any premises providing board as well as lodging for its tenants which the

President of the Union shall, by notification, declare to be primarily intended

for the accommodation of travelers.

 5

၃) င င င င စ

စ စ ငင င စ င

ည ည ည ည စ စ

င င စ ၉၊၁၂၊ ည ၁၂

ည ည င ဆင င စ ။

ညစ င ) င င င ၁၉၉၈၊

စ၊ စ -၁၅၈) င င င ည ညစ င

ည င င ည ည င ညဆ စ

င င ည စ င င

ည င စ င စ ည။ င စ

င ည င င ဆ

င ည င င စ ဆ င ။

င င ည င င စ စ င င

ညစ င ညစ င ည

စ င စ င င င င

၁၉၆ ည စ ဆင င ၂ ဆ)

ညစ င ည င စ င ငင ။

င ညစ င ) စ

၍ င င

ည င ည င င င
 6

ဆ ည။

င ၍ င င

စ င င င င င

စဆ ည ဆငဆင စ င ည။

Section „ 2 h) “urban area” includes the City of Rangoon,

and any area declared to be a Municipality under Chapter II of the

Municipal Act, any area declared to be a notified area under

section 246 of the said Act, a Cantonment as defined in the

Cantonments Act, any area notified as a town under the Towns

Act and any other area, which the President may, by notification,

declare to be an urban area for the purposes of this Act.

၂။ ဇ) ဆ ညစ င ည င၊

စ ၂ စ ည ည

ည င၊ ဆ ၂၄၆ ည ၍

င စ င ည ည င၊

င ည ည င၊

၍ ည ည င၊ စ

င ၍ ငင င စ င ည

ည င င ည။
 7

8.2 Definitions

င င

Section -2 of this Act, unless there is anything repugnant in

the subject or context,:

-၂။ င င င စ စ၊

စ င စ စ ဆ င င.....

a) “City of Rangoon” means the City of Rangoon as

described in Schedule VI to the City of Rangoon Municipal

Act as amended from time to time;

) ဆ ည စ င ည

စ ဇ ၆ င

ဆ ည။

b) “Controller” means the Controller of Rents appointed

under this Act;

) ဆ ည ညင

ဆ ည။

c) “landlord” means any person for the time being entitled

to receive rent in respect of any premises, whether on

his own account or on account or on behalf or for the

benefit of any other person, or as trustee, guardian or

 8

receiver for any other person, [or who would so receive the

rent or be entitled to receive the rent, if the premises were let

to a tenant,] and includes a legal representative, as defined in

the Code of Civil Procedure, and a tenant who sublets any

premises and every person from time to time deriving title

under a landlord; Repealed Laws 1169

(ဂ) ငဆ ည စ စ၊ စ စ စ၊

စ စ စ စ၊ စ စ စ၊

စ ည

ည စည င စ စ၊ စ ငစ ၍

စ င င ည စ

င င ငင ည စ

ည င ဆ ည။

စ င င ၌ ည

င စ ည င၊ စ စ စဆင

င င ည င စ င

စဆင ဆင ဆင င င ည။

d) “premises” means :

(i) any land on which a building has been erected and any

building or part of a building let [or occupied or intended to

be let or occupied] separately for any purpose whatever,

 9

including a stall let for the retail sale of goods in a market or

any other building, and any land, furniture or fixture let

together with such building or part of a building;

ဃ) စ ဆ ည ...

၁) ဆ ဆ ည ည င၊ ည

ည စ ဆ င ည၊ ည

င ည၊ ည င ည င၊

င ည င၊ ည ည ဆ ၊

ည ဆ စ င စ ည

ငဆ ည။ စ င ဈ ည

ဆ စ င စည င

င ည ဈ ဆ င၊ င ဆ ၊ ည

ဆ စ င င င ည ၊

င ဂ ည ဆင ည စည

ည င ည။

(ii) any land let [or occupied or intended to be let or

occupied] separately for any purpose whatsoever; and land

let [or occupied or intended to be let or occupied] separately

for any purpose whatever;

၂) ည ည စ ဆ င ည ည

င ည င၊ င ည
 10

င၊ ည ည ဆ ည။

e) “prescribed” means prescribed by rules made under this Act;

င) ညဆ ည ည ည င

ည ဆ ည။

(f) “standard rent” in relation to any premises means:

စ) စ ငစ ၍ စင ဆ ည

င ဆ ည။

(I) in the cases specified in section 19 the rent fixed by

the Controlled, subject to any order of the Chief Judge

of the City Civil Court of Rangoon in respect of the

City of Rangoon or to any order of the Judge

prescribed under section 22, in respect of any other

urban area;

၁) ၂၇၌ ည စ င

င ဆ င စ စ စ၊

၃၂ ည င

ဆ င စ စ၊

င ။
 11

(II) in all other cases:

(A)The rent at which the premises were let on the first

day of September 1939;

(၂) စ င --

) စ ၁၉၃၉ စစ င ၁ ၌

င င ။

(B) where the premises were not let on the first day of

September 1939, the rent at which they were let

before that date;

( ) စ ၁၉၃၉ စစ င ၁ ၌ င

င င င စ င

င ။

(c) Where the premises were first let after the first

day of September 1939 and before the first day of

January 1941 the rent at which they were first let;

ဂ) စ ၁၉၃၉ စစ င ၁

၁၉၄၁ စဇ ၁ င

င င င

င ။

(d) Where the premises were let on the first day of

September 1939 on a lease providing for a

 12

periodical increase of rent:

ဃ) င င င စည

င စ င စ ၁၉၃၉ စ၊

စ င ၁ ၌ င င„

(i) during the currency of the lease the rent so

provided for from time to time, and

၁) င စ ည စ စ ငဆ ည

စည င စ

င ညင ၊ င

(ii) after the expiry of the lease the rent payable

during the last period of the lease;

၂) င စ စ င င

စ ဆ င င

ညင ။

(e) where the premises were let under a lease for a

period of five years or upwards commencing on or

before the first day of September 1934, which has

expired after the first day of September 1939, the rent

fixed by such lease for the period containing the first

day of September 1939; Provided that the President of

the Union may prescribe generally or in the case of

 13

any urban area or of any class of premise that the

standard rent as defined in sub-clauses (A), (B), (C),

(D) (ii) and (E) shall be increased by an amount not

exceeding 1170 Housing, Land and Property Rights in

Burma: The Current Legal Framework 25 per centum

[….] if he considered that such increase is justified by

prevailing economic conditions;

င) စ ၁၉၃၄ စစ င ၁ ည

င စ ည ၅ စ၊ ည

၅ စ င င စ င

င ည စ င စ ည ၁၉၃၉ စ၊

စ င ၁ င စ စ

င ၁၉၃၉ စစ င ၁ င ည

င င စ င ည

င ။

င ငင ည ) ) ဂ) ဃ)

၂) င င) င ည စင ဆ

စ င ည

ငစင ၂၅ င စ င ည

င ည င၊ စ

ည င၊ စ စ ည
 14

င င ည။

g) “tenant” means any person by whom or on whose account rent

is payable for any premises, and includes a legal representative as

defined in the Code of Civil Procedure and every person from

time to time deriving title under a tenant and also every person

remaining in possession of the premises let to him after the

termination of the tenancy or lease with or without the assent of

the landlord;

ဆ) င ဆ ည စ င စ စ၊

စဆင စ စ၊ င ည စ ဆ ည။

စ င င ၌ ည

င စ ည င၊ စ င စ

ဆငဆင ဆင င ည င၊ င ည

င စ ဆ င ည စ

င ည စ စ၊ ည စ စ၊

င င ည င င ည။

h) “urban area” includes the City of Rangoon, and any area

declared to be a Municipality under Chapter II of the Municipal

Act, any area declared to be a notified area under section 246 of

the said Act, a Cantonment as defined in the Cantonments Act,

any area notified as a town under the Towns Act and any other
 15

area, which the President may, by notification, declare to be an

urban area for the purposes of this Act.

ဇ) ဆ ညစ င ည င၊

စ ၂ စ ည ည

ည င၊ ဆ ၂၄၆ ည

၍ င စ င ည ည င၊

င ည ည င၊

၍ ည ည င၊

စ င ၍ ငင

င စ င ည ည င င ည။

၈.၃။ စ ည င စ င င င ည

စ ၁၂)

12. (1) Regardless of the provisions of the Transferring Act and

Promise/Agreement Act or Rangoon civil law court Act, to regain

environs of building which is affected with this Act or to remove

tenant from building, no order and decree can be applied except

only for the following cases:

၁၂ ၁) စည င င င ည င

ဋည င ည င၊
 16

င ည င၊ ည င စ င

ဆင စ ည စ စ စ

င င စ စ ည ည ည

စ င စ င ။

(a) When civil government came in administration after the war

with Japan, according to the law, to collect the rental from the

tenant, rental seeking letter which is registered at the post office

will be sent to the tenant. Within three weeks from the day of

sending the letter, if the tenant doesn’t pay rental or doesn’t pay

to the inspector, or regarding to the renting according to the rental

promise/ agreement or the text of this Act, if the tenant breaks

those laws or fails to do so.

) ဂ င စ စစ ဆင စ

စ ည ည င င ည

င ငဆ ညစ စ င၍

င ည ငဆ ည စ၍

၃) င င င ည

၁၆ င ည ည

င ငစ ၍ င ဋည စ စ၊

စ စ င ည စ

ငည ည၊ ည ဆ င
 17

ည စ ည -

(b) After the war with Japan, before civil government back in the

administration, during that time, to earn the rental from the tenant,

in this case, civil law court decided that tenant has to pay the

rental, but fail to do so. or:

) ဂ င စ စစ ဆင စ စ ည

ည င င စ ငစ ၍

င င င င

၍ င ည ည င

ည စ၊ ည

(c) Where a tenant or a person who staying together with tenant or

other person staying in environs of building disturbs next door

neighbors or embarrasses surrounding people or using the

environs of building for despicable or unlawful business or being

received verdict for guilty of those businesses by the court or

environs of building is damaged by someone and ignorance of

someone.

ဂ) င ည င င ည

ည င ည စ စ င

ဆ စ ည င

စ င ငင စ ည ည င စ စ ည င
 18

ည စ ည စ ညစည ည

ငဆ င စ င ည ည

စ ည စ င စ င ည စ ည

င ည ဆ ည စ စ

ည ည င

စ ဆ ည စ ည -

(d) Where the environs of building is land, the landlord honestly

wants to get back the land to build a building or buildings or

rebuild the building, to build a building within a year after the day

of tenant leaves the building and landlord submits a bail with

appropriate amount of money which is agreeable by the court. or:

ဃ) စ ည စ င စ ဆ ည

ဆ ဆ ည ည ဆ

င င င ၍ စ ဆ

ည ဆ ဆ ည

ည ဆ ည ည ဆ

ည ၍ ည င စ င င ည

စ၍ ၁) စ င စ စ င ဆ င ည ၍ ည

င င င ည င င ည င င

ဆ ည စ ည -
 19

(e) Where the landlord honestly claims to get back the building or

part of the building for his own living under the effect of this Act,

landlord has to submit a bail with appropriate amount of money to

the court and guarantee to accomplish his moving within three

months just after the day when tenant leaves.

(င) င ဆင ဆ ည

ဆ စ င ည ဆ စ စ

ည ည

င င စ စ၊ င င

စ င င ၍ ဆ ည စ

င ည ည ဆ

ည ၍ ည င စ င င ည

စ၍၉ င

င စ စ င ဆ င ည ၍ ည င၊ စ

င င ည စ စ

င ည ၍ ည င၊ င ည င င ည

င င ဆ ည စ။
 20

င င င ည င င င င

င။

16. (1) Concerning the environs of the building, according to

section 12 (1), paragraph (a) or section 14 (1) paragraph (a), even

though the landlord doesn’t ask for rental, or where the landlord

refuses to accept rental from tenant, the tenant will:

(a) pay the rental to the inspector. In addition:

b) where the landlord doesn’t send notification or other means to

the tenant that he wants to accept the rental, the tenant will pay the

remainder of the rental to the inspector.

ဌ ဆ င င င င စ ညင

င ဆင င ည စင

ည င ည။ င င င ည င

င င င င င င င

ည။ င င င

င င င ည ၁၆ င ည။ င င

ည င င ၄င င စဆ င ည။

စဆ စ င ငဆ ည င စ

စ င၍ င င စ

၃ င ၄င င ည။

င စ ည င ည င စ င
 21

စည င ၁ ၆ င ည

ဆ င စ ည။ င စ ငဆ

၃ ည ည င င င င

င ည င၊ င င င

ည င၊ င င စ င စဆ င

ည။
1
“ င၊ င စ င” စ င င” င

င စဆ င င စဆ င စ

င စ စ ည စင င င

စစ င င င ည။ င စစ

ငင ငဆ င င င

ဆ င၊ စစ ၍ င င ဆ င

င စဆ င ည င ည”

ည။
2
“ င စ င စည ” စ င င

င င စဆ

င စစ င ည ည စ၍ င င

စစ င ည င

1
င၊ င စ င၊ , B.L.R. 294
2
င စ င စည ။ , B.L.R. 890.
 22

င င င ည ည ည စ၍

င င င ည။ စစ င ည

ည င င င ဆ င စ စ

ည။ စ င စစ င ညင င င

စစ ည ။ စစ င ည စ စ

ဆ ၌ စစ ဆ င င ည၊ င ည င စ

ည ည။

၁၂ ၁) ) င ည င ငစ ည

င င င စဆ င ည

ည ည စ ည င စ ည ၍

ဆင င င င ။

စည င ၁ ၈ င င င င

င င ည ၄င

င ည င င စဆ

င ည။
3
“ င င င င င” စ င င “ င ည

င ၍ င ဆ ဆ

င ည စည င ၁ ၈ င

ည။၁၉၄၆ စ၊ ဆင င

3
Maung Khin Maung V. Daw Hla Yin and one 1948, B.L.R. 481 (H.C)
 23

ည ည င င င

ည” ည။
4
“ င င င ည” စ င င “

၍ ငစ င င စ

ဆင င ည င ဋည င ”

ည။
5
“ ငစ င င” စ င င င စ

ည င ည င

င င ည င င

င စ င ည င င

ည ” ည။
6
“ ငဆ င ဂ ” စ င င” “ င ည

စ င ၌ င ၍ ငစ

ည။ င င ည င ည။

ည စ ည။ င င

စ စ ည င င စ ည ဆ

စ င ည င င စ ည။

င င ည

ညင င င င ငစ

င င စ င င င စ၍ ည

4
င င င ည , B.L.R. 514.
5
Tan Heng Suo V. Aun Ku Khing (a) U Sen and one, 1954. B.L.R. 79.
6
ငဆ င ဂ , B.L.R. 406.
 24

ဆ ဆ င စ ည။ င င ညင

၍ င ည” ည။

င င ညင င

င င။

After the war with Japan, before civil government back in

the administration, during that time, to earn the rental from the

tenant, in this case, civil law court decided that tenant has to pay

the rental, but fail to do so or:

ဂ င စ စစ စ၍ ဆင င

င င င င ည

စ ည ၄င င င

င င ည င ၇ စဆ င ည။ ၄င

င င စ၍ င င ။

င ည င စ င ငင င၊ င စ

င င စ ညစည ငဆ

င စ င။

Where a tenant or a person who staying together with tenant

or other person staying in environs of building disturbs next door

neighbors or embarrasses surrounding people or using the

 25

environs of building for despicable or unlawful business or being

received verdict for guilty of those businesses by the court or

environs of building is damaged by someone and ignorance of

someone.

င ည င စ င ငင င၊ င

စ င ဆ င ည ည စ င

ည ည င င င စ င ငင

င စ စ စ ည။ ည ည င စ

ညစည စ ည င

ည စ င ည။

စ င င ည င င

စ င စ စည င ၁ ၆

စစ ည။
7
“ စ င စ” စ င င င ည

င င င စ စ

၍ စ ည စ စ င

စ စ ဆ စ ည။ င

င စ စ င၊ င

ဆ စစ ည။

7
B.C Nath and one V. Sheik Abdul Latiff, 1949, B.L.R. 250. (H.C)
 26

င စ ည ဂ စ င

င ည။ ည စ

ည။ င ည ဂ င စ

စ စ င ည။ င င

ည င င စ စဆ

ဂ င စ င ည င င င ဆ

ည။ ည ၊

င င င ဆ

။ င င စ စ

စ စ င င င ည င

ဆ ဆ င င စ င ည။

င စ င င င ည

စ ည။ ငစ င င ဆ င ည စ စ

င င င စ ”

ည။
8
“ င စ ဂ ” စ င င “ င ည

ည င ည

ည။ င ည စ စ ည

င င င င င ည င စ

8
U Ohn Pe and one V. Mr. V. 3. Munro by Agent Mr. W. J. Munro 1954, B.L.R. 106 (H.C)
 27

ည။ စ စ ည။ င င ဆင

င ၁၃ ၁) စ င င ည”

ည။
9
“ င ၂ င၍ စ ၂” စ င င“ င ည

င စ စ ၄င င င င င င စ

င ၁၁ ၁) ဂ) င င ည

ည င ည စ စ င င

င င င င င ၄င ည

င င င င ည။ င ညင ည စ ၌ စ

စ စ င စ င စ

င င င ၄င ည စ င ဆ င စ င

ည စ င စ င င ည ည စ ည”

ည။
10
“ င ၄ င င” စ င င “

င ဆင င င င၊ င

င င င ၊ ၄င င င င င ဆင င

င င င ည။ ညဆ

စ င င ည။ င င

ဆင င ၁၁ ၁)

င င ည” ည။

9
င ၂ င စ ၂ ၁၉၆၂, B.L.R. ၅၅ C.C)
10
Yin Lot and three others V. Ma Hla Yin, 1963, B.L.R. 264 (C.C)
 28

11
“ င ၊ ဆ ” စ င င

“င ည စ င ဆ

ဆ င င င

စ စ င ဆ ည

င ည။ စ၍ ဆင င

၁၂ ၁) ဂ) င င ည။ င င ည

ဆ င ၌ ဆ ၍ င ည

စ စ စ ည စ ၊ ၄င ည ဆင

င ၁၂ ၁) ဂ) င

စ စ ည ဆ စ ည” ည။

င ဆ ဆ င င

င။

Where the environs of building is land, the landlord honestly

wants to get back the land to build a building or buildings or

rebuild the building, to build a building within a year after the day

of tenant leaves the building and landlord submits a bail with

appropriate amount of money which is agreeable by the court.

င ည င င ဆ ဆ

င င င င

စဆ င ည စ င င ည ဆ

11
င ၊ဆ ၊ , B.L.R. 154
 29

ဆ င င င

ဆ ည ဆ စ ည။ ဆ င

င င ည ဆ ဆ ည

ဆင စ ဆ ဆ င ၊

စ ဆ င၊ င င င၊ ဆ ဆ

စည စ ဆ င င စ ည င၊ ငဆင င

ည၍ ည င၊ င င ဆ ဆ

င င စ စ ဆ ည။

င င ည

“ င င” င ဆ

စ ည။ င ည ည င င

စ ည ၍ ည င ည င

ဆ ည စ င င ဂ

င င ဆ

စ ည။ င စ င ည။ င

င ည ဆ ဆ င င

င စ ည င င ဆ င ည

စ င ည စ၍ ၁) စ င ဆ

စ င ဆ ည ၍ င ည င ည င င

ည။
 30

င ည င စဆ စည င

၁ ၆ စစ ည။
12
“စ င င ” စ င င “၁၉၄၈ စ

ဆင င ၁ ) ၁) ဃ) င

င ည င စ ဆ စ ဆ

င င င ည။ င

၍ ည င င င င ည

စ င ည ည စ စ င ည ငစ စ

ည စ စ ည။ င င င ဆ

ဆ ည ဆ င ” ည။
13
“ င င င ၄” စ င င “၁၉၅၈ စ

ဆင င ၁၁ ဃ)

င ၁) င င ည ဆ ဆ ည

။ ၂) င င ည ဆ ဆ င

စ စစ ဆ ည” ည။
14
“ င ၂” စ င င

င စ ဆ င င

၍ ၄င စဆ ည။

12
C. Ah. Foung (a) Chom Fumg Mee (a) Chaw Fong Mee V. K. Mohamat Ka Ka and two others,
1950, B.L.R. 346 (H.C)
13
U Tun Pe V, U Maung Tin and four others, 1959, B.L.R. 16 (S.C)
14
င ၂၊ ၁၉၆၅, B.L.R. ၄၈၁.
 31

၄င စဆ ည

စဆ ည င ည။

စ စ စ ည င

၄င ည ၍ င င င စ

င ဆ ည ည ည၊

ည င စ ငစ ၍ င ဆ င

၊ ဆ ၊ ဆင င င

င င ည။

ည စ စည စ၍ ဆ

င င ည ဆင ည ဆ

စ ည င ၍ စ စ င၊ ည ည

ည ၍ ဆ ည

င င င စ င ၄င ၌ င င ၍

ဆ ည ည င ဆ

င ည ” ည။
15
“ စ င ၂” စ င င “

စည င စဆ င ၊

ဆင င ၁၂ ၁)

ဃ) စဆ င စ င ဆ ည င င

ည င င င စ င ဆ င

15
စ င ၊ , B.L.R. 1389.
 32

င စ ၁၂ ၁) ဃ)

စဆ င ည ” ည။

င ဆ စ ဆ င င

စ င င စ င။

Where the landlord honestly claims to get back the building or

part of the building for his own living under the effect of this Act,

landlord has to submit a bail with appropriate amount of money to

the court and guarantee to accomplish his moving within three

months just after the day when tenant leaves.

င ည ဆ စ ည ဆ

ဆ စ င စ ည ဆ

ည င င

င စ စဆ င င ည။ င စ

င င စ င

င င စ ည ဆ င

စ င င”ဆ ညစ စ

၍ စ င ။ င င စ

င င င ၊ င င ဆ ဆ ၊

င င ၊စ င င စ င၍

င ဂ ည င ဆ ည

စ င စ င င င ည။
 33

င ည င စ င င

င စ ည ည ၄င င

င ည စ၍ င ဆ စ ဆ င

င င င စ င ဆ င

ည စ င င ည င ည င င

ဆ စ ည။ င ဆ စ

ဆ စ ည င င စ ည ၊

င စ ညင င ညင

ည စ င င ဆ ည။

င ည စ င စဆ စည

င ၁ ၆ စစ ည စ ည။
16
“ ဂ ဆ င ဂ ဆ ” စ င င

“ င၌စည င စ ည။ စစ စ ည။

င ည င စ ည။

င င ဆ င စ င င

င စ ည” ည။

“ စ င ၊ ၄င င
17
င င ဆ ” စ င င “ င ဆ

င င ည င

ည င င စ င

16
Haji Abdul Samad. V. Haji Moosa Kaka and two others, 1962, B.L.R. 55 (H.C)
17
စ င ၊ ၄င င င င ဆ ,
B.L.R. 818.
 34

င စ ည။ င စ

ည ၌ စ၍

င င င ည

င င ည င ည

ဆ ည။ င ဆင စ ည င င

င င စ ည။

င င င စ

ဆ စည င ဆ

ဆ စ င င င စ င

င င စ၍ င င င

င ဆဆ င

င ည ဆ စ ည။ ဆင င

-၁၂ ၁) င) င ဆ ၍ င ဆ

င ည ည ဆ စ ည င ည

င ည။ င စ င င ဆ

င င စ င င င

၍ဆ င င င ည” ည။
18
“ င င င” စ င င “ င စ ည

ဌ ည ဆ င

စ င င င င င

18
င င င , B.L.R. 1205.
 35

၁၉၆ ည စ ဆင င

၁၂ ၁) င) င ည စ ည င စ င

င ငဆ ည ည ည ၍ ည င

ည င ည ည။ င င င

စ ဆ ည င

င င ဆ င ည ဆ

ည။ င င စ ည ဆ စဆ ၍ စ

င င စ ည။ စ စ ဆ င

င င င ည။ စ င ည စ ဆ

င င ည ည ည

စ ည” ည။
19
“စ ) င င င င ၂၊ ၂”

စ င င “ ဆ င ၍

ည င စ စ ည ဆ ည

စ င ည။ င စ ဆ ၁၉၅၃

စ ဆ ဆ စ ည။ င ဆ

ည င ဆ င ည င စ

င ည င င ည၊ င င

င င င ည စ စ ည ၄င

19
စ ) င င င င ၂၊ ၂၊ ၊ ၁၉၇၄ စ
၄ င၅
 36

င စ ၍စ င င င ည

ဆ ည။ ဆ စ ဆ ညဆ

င င င ၍ င င င င

စ ည ည ည။ စ၍ ည င စ

င စ င င ည

င င” ည။

င င စ င င င

င င။

င ည င ဆ ဆ စ

င င င စ င င င

စဆ င ည။ င င င စ

င င စ င င င စ

ည။ င င င

င င စ င

င င ည င င င စ

ည စ င င င ည။

င ည င စ င င

င င စ ည င စ င ည

၄င င င ည စ၍ င စ
 37

စ င ဆ င ည ၍ င ည င င ည င

င ဆ ည။

ည င စ င င

ည။

င ည စ င စဆ စည

င ၁ စစ ည စ ည။
20
“ င င စ ” စ င င ၁၁ ၁) စ) ၌

“ င င စ ” ၍

င ည စ င င င စ

ဆ င ၄င င ဆင ။ ည င

ဆ င င ည စ င ည င

င စ ည င ဆ ည

စ စ င င ၄င စ ည ဆင ည။ င

င င စည င င စ ည

င ည င ည စ င င စ

ဆ င ” ည။
21
“ င င ” စ င င စ င ၃

ဆ ၁ စ ၊ ၁၅ စ င င

ည င ည စ ဆ င

၍ င စဆ ည။ င င

20
U Tin Tun V. U Chit Htut and one, 1959, B.L.R. 163 (H.C)
21
Daw Thein Shwe V.S. M. Chowdhury 1963, B.L.R. 159.
 38

င င င င ည င စ ဆ

င ဆ င ။ င ည စ ဆ

င င စ ည။ င ည စ ဆ

င ဆ င” ည။
22
“ င စ” စ င င“ ည

ည င ည ၄င စ စ စ၊

စ စ၊ င င ည။ င

င ည စ င

င င စ င င င စ ည”

ည။
23
“ င င င ” စ င င “ ည

စ င င င

င ဆင င

၁ ၁) စ) ည ည ည ဆ ည

ည၊ င ည ဆ

စ င” ည။
24
“ဇ င ဇင ” စ င င “ ဆင

င ၁၂ ၁) စ)

ည ဆ င ည စ ည

င ည စ စ ည စ

22
The Chain Hoon V, Chan Htyan Soo 1964, B.L.R. 85 (C.C)
23
င င င ၊ . B.L.R. 308.
24
ဇ င ) ဇင ၊ , B.L.R. 152 (C.C)
 39

င ။ င ဆ စ င င စ

ည င” ည။

၈.၄။ င စ င င င င ၁၃)

င င င င င င

င ည င စ င စ

င င င င စ

င င င င ၁၃ ၁) ဆင

င င င စ စ င

ဆ င င င ဆ ည

စင ဆ င ည င င င၊

စ င ဆ င င ည စ

င င င ည။

13. (1) By the order of the President, in any area which is affected

by this section, to any type of environs of building, anyone who is

not a normal tenant, but who is living or working in the environs

of building in an honest way, such person may apply to the

inspector to continue to live in the environs of building. Where

this person submits a letter to the inspector in which he promises

to pay rent for his living, the inspector may issue a letter which

allows such person to live in such environs of building.

 40

Furthermore, the landlord or agent of the landlord shall be notified

by the inspector, if the inspector knows where they live.

၁၃ ၁) ငင င စ င င

ဆင စ ည င ည ၌ ည င၊ စ စ

စ င စ ၍ ည င ည ဆ စ စ

င င စ င စ၊ ည င စ

င င င စ င စ င ဆ

င င င ည။

ဆ ည စ စင ဆ င

င စ င ည ည

ဆ ည စ ငဆ င င ည စ ည

င ည င စ စ၊ င

ည စ စ စ ၄င င ည။

(2) According to section (14), not against the decisions of the

court, according to the subsection (1), a decision which allows

such person to continue to stay in such environs of building

means, as long as location of environs of building or type of

environs of building relates to this section, the decision will

remain for a certain period and such decision will be in the same

order for a further three months.

 41

၂) ၁၄ ည င ဆ င စ

၁) စ စ စ စ ငဆ

င င ည ဆ ည စ ည င စ စ၊

စ င ည စ စ င စ စ၊

ဆင ည စ ည င ည

ဆ ည စ ည။

However, the person who won the case according to the decision

of the court leaves the environs of building voluntarily, the

inspector may cancel the decision according to the submission of

the landlord. After that, such decision shall not be approved again.

င င င ည င

င စ င ည

င င င ည ဆ ည င ည

င ည ။
25
“ င င စ ” စ င င ) ည

စ စ ) ည။ ည

) ည စ ငဆ င င ည။
26
“ င ၃ ၊ ၃” စ င င

င စ င ၁၃ ၁)

25
Tan Choo Keng and two others V. Saw Chin Poon and anothers 1964. B.L.R. 29 (S.C)
26
င ၃၊ ၃။ ၁၉၆၆. B.L.R. ၁၃၉၅.
 42

ဆ င င င ည င

၍ဆ င စ ည။ င

ည။ စ ဆ င င င ည

င ည။ ည စ ည ၁) ည၌ င

င ည။ စ ဆ င င ည

စ င။ စင င ၍ င င

င င ဆ

င ည စ ည ည။

၈.၅။ င င င စ င င ည

စ ။ ၁၄)

၁၂ င င င င င စ

င စဆ င ည စ င

၁၃ င စ င ဆ င င

င စ င စဆ င ည

စ ၁၄ င ည။

14. (1) Although where law provides, according to section (13), to

reoccupy the environs of building where someone is allowed to

stay or to get rid of such person, no order and decree will be

applied for any case except for following cases:

 43

၁၄ ၁)။ စ င ည င စ

၁၃ စ စ င င

ည စ ည စ စ၊ စ

င စ စ၊ ည ည ည

စ င စ င ။

(a) In a case, a person who is allowed to stay in the environs

of building by the inspector, the registered letter which is posted

from postal office and asking for rental for landlord for such a

period of time, if the tenant does not follow according to the

letter within seven days, such amount of rental money shall not be

paid to the landlord or to the inspector.

) ဆ ည စ င င င

င စ င စ ၍

င ည င ငဆ

ညစ စ င၍ ည

ငဆ ည ၇) င ဆ င င

င င ည ၊ ၁၆

ည င ည စ ည

။
 44

(b) In a case, where a person or any person who is staying

together with such person disturbs the neighbors or embarrasses

the surrounding people, or uses the environs of building for

despicable or unlawful business or having a verdict by the court

for such case or damaging the environs of building by

tenant’s ignorance and carelessness.

) ည င င စ စ

ငဆ စ ည

င စ င ငင စ ည

ည င စ စ ည

ည စ၊ ည စ ညစည

ည ငဆ င စ င

ည ည စ ည စ င

စ င ည စ၊ ည ဆ ည စ စ

၊ ည ၊ ည

င စ

ဆ ည စ ည ၊

(c) Occasionally, in an honest way, the tenant wants himself

or any of his family members to stay in such environs of

building; the tenant makes a contract to the court with the

appropriate amount of money which is viewed appropriate by

 45

the court, the tenant oaths to implement within a period of time

which is allowed by the court.

ဂ) စ င စ င

င င င ည ငစ

င င စ စ င စ စ၊

စ စ င စ စ င

စ စ၊ ည ဆ ည

စ စ စ စ ၍ စ

င ည ငစ င င ၊ ည

စ င င ည ၍ ည င၊

ည င င စ

စ င ဆ င ည ၍ ည င

င ည င င ည င င ဆ

ည စ၊ ည ၊

(d) Such kind of order which was already abolished

according to section 13 (2).

ဃ) င ည ၁၃) ၂) င

စ ည စ စ ည။
 46

၈.၆။ င င စ ၁၆)

င င င င င စ ည င

င ည င င စ င

စဆ ည ဆ ည။ င င

ည စ င င ငဆ င ည

စ ည ည င င င င

ည စ ည င ည။ င င ငဆ

င ည စ င ည င

စ စ ငဆင ည ဆ င စ

င စဆ င င ၁၂ င ၁၄ င ၍

င ည ည။ င င င

င ည စ င ည င င င

င င စ င င င ၊

င ညင င ငင

င င င င င ၁၆ င ၍ င

ည။

16. (1) Concerning the environs of the building, according to

section 12 (1), paragraph (a) or section 14 (1) paragraph (a), even

though the landlord doesn’t ask for rental, or where the landlord

refuses to accept rental from tenant, the tenant will:

 47

၁၆ ၁)။ စ စ င စ ၍ ၁၂ ၁) ) င

စ စ၊ ၁၄ ၁) ) င စ စ ည ညင

င ငဆ င ည င င

ည င ငင ဆ င ည-

(a) pay the rental to the inspector. In addition:

။ င င င ည။ င-

(b) where the landlord doesn’t send notification or other

means to the tenant that he wants to accept the rental, the tenant

will pay the remainder of the rental to the inspector.

။ င စ ငစ ၍ င

င စစ င စ စ၊ ည င စ စ

င င င

င ည င င ည။
27
“ hukarem င he Controller of Rents” စ င င

င ည င င ဆ ည

င င င င င

ည င င င ည။ ဆ

င င င ည င င စ စ င၊

27
S. Thukarem V. The Controller of Rents, Rangoon and one 1950, B.L.R. 103, (S.C)
 48

စ င င င ည

င ည ည။
28
“ င င င ” စ င င စ

ည င စ ည။

ည င စ၍ င ည င င

စ ည ဆ

စ ည။ င စ င င င ။

ငင ၄

င င ည စ င ည င စ

ည၊ စ ည ဆ င စ င င

င ။

၁၄ ၁) ၁) င ၂) င စ

ညဆ င င င င င င င

င င င ည။ ၄င င

င င င စ ည။

“ ည င င ည င ည

င ည ည။ ဆ င င

င င င င ၊ စ

ည င စ ည၊ စ ည ငဆ စ င

င င ” ည။

28
Daw Ngwe Tin V. The Controller of Rents, and one 1951. B.L.R. 85, (S.C)
 49

“ စ ဂ၊ ဇ င ငစ င
29
” စ င င ဆင င ၁၆

င ည င စ ည။ စင ။

စင ၄င ၂ စ) င ည င

စ ည ည။

၈.၇။ င စင င ည

စ ၂၇)

၂ စ) ၁) င စင ဆ ည ၂၇ ၌

ည စ င

င ဆ င စ စ၊

၃၂ ည င ဆ

င စ စ၊ ၃၂ ည

င ဆ င စ စ စ၊

င ၂၇ ၌ ည စ

ည။ ၄င ၂၇ ည စင

င ည ည စ ည။

ည ၄င င င ၊

င င စ စ င စ ည

29
စစ ဂ ၊ ဇ င ငစ င ၊ , B.L.R. 51, (S.C)
 50

င င င စ

ည။

27. (1) Application from landlord or tenant to the inspector,

the inspector issues a proof letter with signature that rental is a

real standard rental.

၂၇ ၁)။ ည င ည

င စ င င ည

ည င င ည စ စ င စ ၍

စင စ င ည

ည။

(2) According to the application of landlord or tenant, the

inspector, according to the texts of this Act and related things, has

to approve the rate of standard rental and can approve relevant and

fair standard rental.

၂) စ စ င ည င

ည င

ည င ဆင င င ည င

၍ ည င င ည စင ည င

င ည င ည။

(a) In the case where, the whole environs of building or part

of the building is rented or tenant has rented the whole building or

 51

part of the building to sub-tenant or a case which affecting this

Act for any reason and in any difficult situation.

) စ စ စ စ စ ၊ စ စ

စ င င ည စ ည

င င ည စ စစ စ

စဆင င ည စ ည

စ င င စ င

စ စ ည စ၊

(b) Environs of building together with furniture including

food cost, in this kind of case, to be effective to this Act, rental

money which needed to be split for rental for furniture and food,

such kind of case.

) င ဂ င င ည စ င

ည င၊စ င ည င၍ င

ည စ င ည င စ ၍

စ စ င

င စ ည င င ဂင

ည စ င စ စ င

ည င ည စ၊
 52

(c) Environs of building which is rented without rental or

with very small amount of rental, rental for something except

building rental, such kind of case.

ဂ) စ စ င ည င၊ င

ည င ည င၊င င စ

စ င ည င င စ ည ည

င ည စ၊

(d) Rental which was paid on 1st of September 1939 or

environs of building was not rented on that day, the last rate of

rental before on that day, rental is too low considered by the

inspector, such kind of case.

ဃ) ၁၉၃၉ စ၊ စ င ၁ င ညင

ည င ဆင စ င

င င င စ ဆ

င ည င ဆ ည ည

င င ည စ။

(e) The case of changing the condition of building or the

cost of construction materials is rising up and cost more or after

1st of September 1939, municipal tax and tax rates are getting

higher for building, such kind of case.

 53

င) စ စ င ည စ၊ ည

ဆ ဆ စည င

င င င ငစ ည စ

ည ၁၉၃၉ စ၊ စ င ၁ ၌

စ စ င စ ၍ စ

ည စ။

(f) Rented a building for the first time after 1st of January

1941, such kind of case.

စ) စ စ ၁၉၄၈ စ၊ ဇ ၁

င ည စ၊

(g) From the day of 1st September 1939, the building

condition is getting bad or other concrete reasons, rented the

building on 1st of September 1939 or after that day, rented for the

first time and rental is too high or unfair considered by the

inspector, such kind of case.

ဆ) ၁၉၃၉ စ၊ စ င ၁ စ၍ စ

ဆ င င ည င၊

င င ည င ၊ ၁၉၃၉ စ

စ င ၁ င စ င ည

ည စ င
 54

ည င ည။ ည

င င င

ည စ င-

However:

(1) According to sub-section (d), for rental, any time between 1st

of September 1934 and 1939 September the 1st, the highest rate of

rental or the lowest rate of rental and plus 25% of lowest rate of

rental, according to the highest and lowest rentals, rental is not

more than such highest rental.

၁။ ဃ) င ၁၉၃၄ စ၊ စ င

၁ င ၁၉၃၉ စ၊ စ င ၁ စ

ည ည င ဆ စ င ည ဆင

ည င င စ င ည

ညဆင င ညဆ င ၂၅ င

စ င င ၊ ဆင င ည ဆင

စ င စ ။

(2) According to sub-section (E), according to the rate of rental

mentioned in section 6, the cost for repairing the building for good

condition or changing the shape, related to this cost, the inspector

may not increase the rate of rental not more than 6% a year.
 55

၂။ င) င ၆ င

ည င စ င င င င

ည င င ည င င

စ ၍ စ စ၊ စ င င ည စ င

စ ၍ စ စ ၁) စ င၆ င ၍ င င ။

(3) According to sub-section (G), standard rental is, related to the

self-own land for any purposes, similar purposes near that land,

similar rented land, government or Rangoon municipal or

Rangoon Municipal Corporation or similar local organization may

not increase the rental rather than current rental.

၃။ ဆ) စင စ စ

င ည င င စ ၍ ဆ

င စ င င ည

စ စ စ စ၊ စည င

ည စ င ည

စ စ စ င ဆဆ စ ည

င စ ။

(4) According to sub-section (F) or (G), environs of building is a

land and rented, if the land owner is government or Rangoon

municipal or Rangoon municipal corporation or similar local

organization, standard rental will be decided according to the

 56

decision of government or Rangoon municipal or Rangoon

municipal corporation or similar local organization.

၄။ စ) ည ဆ) စ စ င

ည စ၍ င စ ည စည င

ည စ င ည

စ ည စ င စင စ

ည စည င ည

စ င ည ဆင

င ညင စ စ ည။
30
“ စ ၃ င င င ၅”

စ င င“ ဆင င ၁၉

၂၇) ဆ င စင င ဆင

စ ငစ ၍ င င င ည။

င စ စ၊ င စ စ၊ စင

င ည င၊ ည

င၊ စင င ည” ည။
31
“ င င ည ၃” စ င င

“ င ညစ ဆ င၍ စင

ည ။ င

င င င စင

30
စ ၃ င င င ၅၊ ၁၉၆ , B.L.R. ၁၂ .C)
31
င င ည ၃။ ၁၉၆၆, B.L.R. ၇၄၁.
 57

စ ည။ ၄င ည ည င

င စင င ည။ ည

င ည င ဆ င င စ င

၄င င ၍ င င၊

ငစ င ဆ ဆ ည

ဆ င ၊ ဂ စ ည ည ငဆ

င စစ ဆ စ င ၌ ငဉ စ၍

ဆ ည။ ည ည

င င ည။ င ငဆင ည စ

ည ည င ည စ

စစ စစ ဆ င ဆ ငဉ င ည။

စင င ည င ဆင စ စ ည။

င စ င

ဆ င င စ င စ ည

င ၊ ငစစ စစ ဆ ၍

ဆ ည။ င စ စ င င င ဆ

စ စည စ ည င ဆ ၊ င

စ စ င ၄ င ၍

ငဆင စ ည ညဆ င ည ၊

င စစ ဆ ဆ
 58

ည။ ဆင င ၄၃ ည င

င ၍၄င င ဆင ည

ဆ င စစ ဆ ၍ ဆ ”

ည။
32
“ င ၂” စ င င “ ဆင

င င ည

င ည ည ည စ င ၍ စင

င င င ည င၊ င င

င ည င၊ ည င

င ည။ စင ၌ စ င

၍ ည ည ည င င ည

င င စ ည ၍ ည င ည

ဆ င” ည။
33
“ ဇ ဆ င စ စ” စ င င

“ စ ည ည

ဆင င ၁ င ၂၇ င

ဆ ည င င ည င ည စ

ဆ ၃ င င

စ စ စ ည၍စင

32
င ၂၊ ၁၉၆၇, B.L.R. 558.
33
ဇ ဆ င စ စ၊ , B.L.R. 144.
 59

င ဆင င င

ဆ င င င ည။ စ စ ည

ည င ည

ည စ စ ည ဆ ည စ

ည ည င င ည စ စ

င င င၄င ည င ။

ည င စ စ င စင င ၍

င ည၍ ဆင င

စ ည ည စ င ဆ င င င

ဆင င ၃၂

ဆ င င ည ဆ င ။ င ဆ

စ ည င

ည ဆ င င ည ည

ည ဆ စ ည စ င စ ည ည။
34
“ င င င စ ၉” စ င င စ င

“ င င င င င င င င

င ၌ င င ဆ ည ဆ င

ည င င င င င

ည င င ဆ ညဆ စ

စ ည။

34
င င င စ ၉၊ ၁၉၆၈, B.L.R. ၂၉၇.
 60

င ၂၇ ၁) “ ည

စ စ စင င စ စ၊ င စ စ

စ ည။

င င စင င

င၊ င င စင

စ ၄င ည စ င

ငင ဆ င င” ည။
35
“ င ဆ ၃ င ည ၂” စ င င “၁၉၆

ည စ၊ ၄၄ ည င င င စ

ည။ ၁၉၄၈ စ

ဆ ၊ ၊ ဆ င ၊ င စ

ဆ င ည၁၉၆ ည စ စ င ည ည

ဆ ည စ စ ည ဆ ည။ ၁၉၄၈ စ၊

ည ည ။ ဆ ၊

ဆ င ည စ ည ည ၍

င င စ စ ည။ စင

င ည ည ၄င စ င င စ

စ ည ငင င။ ၂၇ င

စင င ည ဆ ည။ စင စ စ

င င ည” င ။

35
င ဆ ၃ င ည ၂၊ ၁၉၇ , B.L.R. ၁၅ .
 61

င င စ င ည င င

ငဆင င ည။ ငဆင

စ ၍

ငစစ စစ ဆ င ၊

င ည ဆ င စ ည။

စင စ ည င ည “စ ”

စ ည။ င င

စစ စင ငဆင ညဆ င စ ည စ ည။

စ စ ည။ ၁) င ၍ စ

စ၊ င၍ စ စ ငဆင ငဆင

ည င ည စ င ည။ င

င စ စ ငည င

၍ဆ ငဆ ည င ည စ ည။

င စ င င စင

ငဆင င င ည။

င ၍

စင င ၍ င ည

ည။
36
“ င င ၂” စ င င “စင

၌ င ည ဆင င

36
င င ၂။ ၁၉၇ , B.L.R. ၁၅၉.
 62

၂၇ ၂) င ည

ည င ၊ ဆင င င ည င

ည။ ငင

ညစစစ ည ည ၌ င

ည၍ ဆ ည စ ည။ ဆ ည

စ စ စင ၌ စ ငစ ည

စ စ ည။ စ င ဆ စ င ည

င င င ည င စ စ င င ” ည။
37
“ င င င င ” စ င င စင

ည င စ င င

င ငဆ င င ည။ င ည၄င င င

ငဆ င င စ င င ည ဆ င

စင ငဆင ည စ ည။ စင ဆင

င ၃၂ င ည

င ငဆင င ည။ ၌ င ည င

င င ည ဆ င

ည င င စင ငဆင

င ည ၂၇ ၂) င ည

င ည ည။

37
င င င င ၊ 1971, B.L.R. (C.C) 118.
 63

၈.၈။ စင ငင ဆ င

င ၂၇ ဆ

စင ၍ ငင ဆ င ၄င စ

ဆ င င

Reference) င င င င ၃၂ င ည။

32. (1) If the rate of standard rental for environs of building

approved by the inspector is denied, according to the section 27, if

the building is located in the city of Rangoon, the case file will be

submitted to Chief judge of Rangoon City judicial court or the

building is located in any city affected with this Act, to the judge

who is recognized by the President of State.

၃၂ ၁)။ ၂၇ စ စ စင

ည ဆ ငင ဆ င စ

င ည

ည င၊ စ ၍ ည ည

စ င ည ငင ည

ည င င င စ င ည။

However, when submitting according to this sub-section, if the

chief judge of Rangoon city judicial court or any recognized judge

considers it not to be charged by himself, application form will be

transferred to any judge who is in the district affected with this

 64

Act. The judge who received the transferred form can accept the

form and must have power to hear the case.

င င င

ည ည ည

စ ည င င

ဆ င င ဆ င စ ည

င ငစ င င င စ ည စ

င င ည။ င င ည

ဆ င င ည ည။

(2) The copy of order of inspector is submitted together with

transferred form.

၂။ င

င င ည။

(3) 50 Pyas stamp of court tax must be attached with the

transferred form paper.

၃။ င င ဆ ဆ င စ

ည။

(4) This transferred form must be submitted within 30 days

after the order of inspector. However, the period for

getting the copy of order of inspector is not included.

 65

၄။ ည

င ၃ ) င င င ည။ င

င ည င

င င ည ၌ ည င ။

(5) The verdict decided by the chief judge of Rangoon city

judicial court or one of the above mentioned judges is a

final decision.

၅။ ည င

ည င၊ ည

ဆ ည ည စ စ ည။

၄င ဆ င ၁၉၆ ည စ ဆင င

၂၇

စင င စ ည င

ည ည င၊

စ စ င ည ငင

ည ည င

င င ည။

စ င

စစ ဆ ည ။ ငင ည

ည ည
 66

စစ ဆ ည ၊ ငင ဆင င

င င (PERSO DE )

စ ဆ င စ င ဆ င င စ ည။ င

င စ ၍ ၄င ညဆ ည

၃၂ ၅) ည စ ည။ င င ။

င ၃၃ ၄င ည

ဆ င စ စစ ဆ စ ည

၄င ည စစ ဆ စ င

ည င ည င၊

စစ ဆ စ င ည င ည င

င င င ည င င

၍ ၄င ည င

င ည။
38
“ င ” စ င င“

ညင ည။ င

ည ဆ ည။ င

င စ ဆ င ည ။

ဆင င ersona designate)

င စ င ဆ င င င ည

38
Ah Yar V. U Kala B.L.R. 285 (H.C)
 67

င ၁၁၅ ငဆင င င စ င ”

ည။
39
“ င ဆ ” စ င င “ ဆင င

၂၂ ၁) င ည ည

၄င င င င စ ၍

၄င ၂၂

င ၍ ။ ၂၂ ည စည

ည ည။ ဆင င င

င င ဆင” ည။

ည စ စ င ည

င ည င ည။)

39
Daw Thi V. Daw San Mya 1952. B.L.R. 45 (H.C)
 68

Key Terms

urban area -

controller -

landlord - င

premises - စ

standard rent - စင

tenant - င

to regain environs of building - စ ည

to remove tenant - င င

disturb - စ င ငင စ ည

င စ စ ည

despicable - ညစည

unlawful - ငဆ င

bail with appropriate amount of money- င ည င င ည င

င ဆ ည

rental -င

inspector -င
 69

Questions

1. What is “urban area”?

2. Define the term in the followings.

(a) landlord (b) Tenant (c) premises

3. What do you understand “standard rent”?

4. According to Section 12 of the Urban Rent Control Act,

1960, how can environs of building be regained or tenant

from building be removed?

5. Under Section 13 of the Urban Rent Control Act, 1960, how

can anyone who is not a normal tenant, to live in environs

of building allowed?

6. What are the matters relating to get rid of any person who

is not a tenant in the Section 14 of the Urban Rent Control

Act, 1960?

7. In which matters, the inspector can standard rental for

environs of building describe?

 Chapter 9

Contents Pages

9.1 Name and Definitions 3

9.2 Formation of Vacant, Fallow and Virgin Lands f Management 8

Central Committee

9.3 Right to Do Land, Right to Utilize Land on Vacant, Fallow 10

and Virgin Lands

9.4 Conditions in accordance with the Right to Do, 15

Right to Utilize Land of Vacant, Fallow and Virgin Lands

9.5 Security Fees and Land Revenue 22

9.6 Condition shall be complied by the Person who is granted 23

the Right to Use Vacant, Fallow and Virgin Lands

9.7 Supervision 26

9.8 Giving Help to Persons who are granted Right to Use 32

of Vacant, Fallow and Virgin Lands

9.9 Offences and Penalties 36

 2

The Vacant, Fallow and Virgin Lands Management Law(2012)

- ၊

ဌ ည

( ) ည ည။

( ) ( ) ည။

၊ ၊

ည ည ည

ည။ ည

ည ဌ

ည ဌ ည ၊

ည ၊ ဌ

ည ည

ည ၊

ည။
 3

9.1 Name and Definitions

Section -1 This Law shall be called the Vacant, Fallow and Virgin

Lands Management Law.

( ) ၊

ည။

Section -2 The following expressions contained in this law shall have the

meanings as given hereunder:-

( )

(a) “Central Committee” means the Central Committee for the

Management of Vacant, Fallow and Virgin Lands;

ည ၊

ည။

(b) Ministry means Union Government Ministry of Agriculture and

Irrigation.

(c) Department means department of Agriculture Land

Management and Statistics.

 4

(d) “Task Force” means the Task Force for the Management of

Vacant, Fallow and Virgin Lands, has been formed by this

Law;

(e) “Vacant land and Fallow land” means land which was

done by the tenant before, and then that land was

abandoned by the tenant in any reason, not only the State

designated land but also for agriculture or livestock

breeding purposes;

(f) “Virgin land” means land which may be new land or other

wood land in which cultivation was never done before. It

may have or not with forest, bamboo or bushes, even

though ground feature may be plane or not ,and includes the

land which has been cancelled legally from Reserved

Forest, Grazing ground, and Fishery pond land respectively

for Agriculture, Livestock Poultry Farming and

Aquaculture, Mining, and Government allowable other

purposes in line with law;

(g) “Security Fees” mean fees prescribed by this law, advance

payable to one of the Union Government authorized bank in

credit or collateral by persons who are granted the right to

do land, right to utilize land in accordance with the type of

enterprise;
 5

(h) “Land Revenue” means land tax rate prescribed by the

rule made under this law payable to the State by persons

who are granted the right to do land, right to utilize land in

accordance with the type of enterprise;

(i) “Perennial Plant” means plants grow in compact

plantation to gain the benefit from plantation crop (or)

perennial plant within a period of time in accordance with

the type of the plant;

(j) “Orchard” means plants grow in either compact plantation

or mixed cropping whether it’s no need for replanting as

per harvest frequently until the plant is dead;

(k) “Seasonal Crops” means crops grow within the growing

season period, after harvest and getting income, It must be

newly tillage operation and sown for further production;

(l) “Mines Exploitation Enterprise” means as same as define

in Section2, Sub-section (j) of the Myanmar Mine Law;

(m) “Permission Order” means the order of permission has

been granted by Central Committee in respect of

application for granting right to do land, right to utilize land

on Vacant, Fallow and Virgin Lands;

( ) ည ၊

ည။
 6

( ) ဌ ည ည

၊ ည ဌ ည။

( ) ဌ ည

ဌ ည။

(ဃ) ည ည ည

ည ၊

ည။

ည ၊

ည ည။

( ) ၊ ည

ည ည။

( ) ည ၊

ည ၊ ည ၊

ညည ည ၊ ည

ည ည။
 7

၊ ည ည။

( ) ည ၊

၊ ည၊ ည

ည။

(ဇ) ည ၊

၊ ည၊

ည ည။

(ဈ) ည ည ည

ည ၊ ည။

(ည) ည ည ည

၊ ည

ည ည

ည ည ည။
 8

(ဋ) ည

ည။

(ဌ) ည

၊ (ည)

ည ည။

(ဍ) ည ည ၊

ည ည။

9.2 Formation of Vacant, Fallow and Virgin Lands

Management Central Committee

Section -3 The President: -

(a) the Central Committee for the Management of Vacant, Fallow

and Virgin Lands, with the Union Minister for Agriculture and

Irrigation appointed as a Chairman, Director-General of the

Department of Agriculture Land Management and Statistics as

Secretary and suitable persons of the concern government

 9

department and organizations , and other suitable persons as

members, in order to ensure the management task concerning the

use of Vacant, Fallow and Virgin Lands for State Economic

Development in relation to commercial agriculture, livestock

breeding, mining, and government allowable other purposes in

line with law;

(b) the Central Committee constituted under the above paragraph

(a), can be reconstituted when necessary;

( )

ည-

( ) ၊

၊ ၊

၊ ည ည

ည ဌ ည ဌ

ည ၊ ဌ

ည ၊

ဌ ၊ ည ည

ည
 10

ည ၊

ည ည။

( ) ( ) ည

ည ည။

- ။ ည-

( ) ည ၊

ည ည ည။

ည ၊

ည ၊ ည ည

ည ည ည။

( ) ( ) ည

ည ည။

9.3 Right to do Land, Right to Utilize Land on Vacant, Fallow

and Virgin Lands

၊ ၊

Section 4. The Central Committee shall permit the right to do, (and)

right to utilize land of vacant, fallow and virgin land in the country, for

the following purposes:-

 11

(a) Agriculture;

(b) Livestock Poultry Farming and Aquaculture;

(c) Mining;

(d) Government allowable other purposes in line with law.

( )

ည ၊

ည-

( ) ၊

( ) ၊

( ) ၊

(ဃ) ည ည

Section 5. The following persons and organizations may apply to

Central Committee in accordance with the prescribed conditions for

carry out the purposes which are stated in Section 4:

(a)Myanmar citizen investors;

(b)Department, Government Organization, and Non-Government

Organizations;

(c)Exemption persons who are eligible in accordance with Section 4 of

the Transfer of Immovable Property Restriction Law, 1987;

 12

(d) Joint-Venture of Foreign Investors who have right to carry out with

Department (and) Government’Organization in accordance with

Myanmar Investment Law;

(e) Joint-Venture of Foreign Investors who have right to carry out with

Myanmar Citizen Investors, in accordance with Myanmar Investment

Law.

(၅)

ည ည

ည ည-

( )

( ) ဌ ၊ ည

ည ၊

( ) ၉၈၇ ၊ ည

ည ည

(ဃ) ဌ ၊ ည

ည ည ၊

( )

ည
 13

ည ည

( ) ည ၊

ည ၊

ည ည

ည ဌ ၊ ည

ည ။

၅- ။ ၊ ည

၊ ၊

ည။

Section 6. The Central Committee shall take the following necessary

action in respect of on application matters which are in accordance with

Section 5:-

(a) to get the recommendation of the concern Region or State

Government;
 14

(b) to get the recommendation of the Ministry of Mines for mining,

and other concern Ministry for other purposes prescribe in Section4,

Sub-section (d);

(c) to coordinate with the Ministry of Environmental Conservation and

Forestry ,and other concern Ministries for the prevention of damage

and destruction to the Forest land which are Reserved Forest, and

Protected Public Forest; and for conservation of natural regions,

watershed area and natural fisheries;

(d) to submit the necessary suggestion relate to explore the National

Land Use Policy to the Union Government;

(၆)

ည ၅ ည -

( ) ည

ည။

( )

ဌ ည ၊ ၊ (ဃ)

ဌ ည ည။

( ) ည

၊ ၊
 15

ဌ ၊

ဌ ည ည။

(ဃ)

ဉ ည ည။

Section 7. The Central Committee shall permit the grant on

application for granting right to do, right to utilize land of Vacant,

Fallow and Virgin Lands with the agreement of Myanmar Investment

Commission for foreign investment.

(၇)

ည ၊

၊ ည

ည။

Section -8. The Central Committee shall make permission or

rejection of the systematic application in order to ensure the

management task concerning the use of Vacant, Fallow and Virgin

Lands.

(၈) ည ၊

ည။
 16

၈- ။( ) ည ည

၊ ၊

ည ည

ည။

( )

ည ည ၆၀

ည။

( ) ည

ည ၊ ည။

၈- ။ ၈ ၈- ၊ ( )

ည ည။

Section -9. In accordance with the Section 8,the Central

Committee Shall issue the permission order, granting the right to do,

right to utilize land of vacant, fallow and virgin lands, after security

fees has been paid.

(၉) ည ၈

၈- ၊ ၊

ည။
 17

9.4 Conditions in accordance with Right to Do, Righ to Utilize

Land of Vacant, Fallow and Virgin Lands

၊ ၊

Section -10. The Central committee shall permit the following

land area of Vacant, Fallow and Virgin Lands in relation to commercial

agriculture, and livestock breeding purposes:-

(a) Agriculture

(1) In the case of Perennial Plant, Orchard, and Industrial Crop not

more than 3000 acres at a time and whenever cultivation is completed

on 75 percent of the permitted acres, an additional not more than 3000

acres at a time up to a total of 30000 acres shall be permitted

frequently.

Actual cultivable acre more than 3000 acres at a time shall be

permitted for the state interest with the agreement of the Cabinet of the

Union Government;

(b) Livestock, Poultry Farming and Aquaculture

(1) In case of Aquaculture, not exceed 1000 acres;

(2) In case of Livestock breeding and Poultry Farming

(aa) Livestock breeding for buffalo, cattle, horse, not exceed 2000

acres;
 18

(bb) Livestock breeding for sheep, goat, not exceed 500 acres;

(cc ) Poultry farming, pig, not exceed 300 acres;

(3) Animal husbandry not include in sub-section (1) and (2), suitable

acres;

(c) Mining purpose shall be permitted with the agreement and

coordination with the Union Government of the Ministry of Mine;

(d) Government allowable other purposes in line with law shall be

permitted with the agreement and coordination with the Union

Government of the relevant Ministry.

Section 10-A

(c) In the case of rural farmer and a family who want to run

manageable farm shall be allowed to use not exceed 50 acres by

the permission of one of the respective local organization may be

managed.

( ) ည ၊

ည ည

ည။

( ) ည ၊

ဧ ၀၀

ဧ ၀၀၀ ည။ ည

ဧ ၇၅ ည
 19

ဧ ၀၀၀ ဧ

၀၀၀၀ ည။

ည ည ဧ ၀၀၀ ဧ

၀၀၀၀ ညဧ ည။

( ) -

( ) ၊ ၊ ဧ ၀၀၀

ည။

( ) -

( ) ၊ ၊ ဧ ၀၀၀

ည။

( ) ၊ ဧ ၅၀၀

ည။

( ) ၊ ၊ ၊ ဧ ၀၀

ည။

( ) ( ) ( )

ဧ ည။

( ) ည

ဇ ဌ

ည ည။
 20

(ဃ) ည ည

ည ၊ ဌ

ည ည။

၀- ။ ည ၊

ည ည

ည။ -

( ) ည ၊

ဧ ၀၀ ည။

ည ဧ ၇၅ ည

ဧ ၀၀

ဧ ၀၀၀ ည။

( )

ဧ ၅၀

ည။

Section -11. The Central Committee shall permit the following

duration for right to use of Vacant, Fallow and Virgin Lands in relation

to commercial agriculture, and livestock breeding purposes:-

(a) Agriculture

(1) For perennial plants and orchard, the duration for right to use land

is not exceed 30 years from the year of grant;

 21

(2) For seasonal crops, the duration for right to use land shall continue

so long as there is no breach of condition;

(b) For Livestock, Poultry Farming and Aquaculture, the duration for

right to use land is not exceed 30 years from the year of grant;

(c) After expire the duration of right to use land in accordance with the

above sub-section(a)(1) and sub-section(b), shall continue permission

the duration base on type of work ,an additional years frequently up to

a total of not exceed 30 years;

(d) For Mining purpose the duration of right to use land shall be

permitted with the agreement and coordination with the Union

Government of the Ministry of Mine;

(e) For Government allowable other purposes in line with law the

duration of right to use land shall be permitted with the agreement and

coordination with the Union Government of the relevant Ministry.

( )

ည ၊ ၊

ည -

( ) -

( ) ည ည

ည။
 22

( ) ည

ည။

( ) ည

ည။

( ) ( ) ( ) ( )

ည။

(ဃ) ည

ဌ ည ည။

( ) ည ည

ည ၊ ဌ ည

ည။

- ။ ည ၊

( ) -

( ) ည ည

၀ ည။

( ) ည

ည။
 23

( )

၀ ည။

( ) ( )၊ ( ) ( )

ည ၀

ည။

Section -12. The Central Committee shall permit the right to use land in

a case where application is made by Investors who have been permitted

in accordance with Myanmar Investment Law, or by Organizations

consisting of Investors who have been permitted in accordance with

Myanmar Investment Law in areas in which land development

operation are unable to be carried out by the citizens.

( ) ည ည

ည ည

ည ည ၊

၊
 24

ည။

9.5 Security Fees and Land Revenue

Section -13. The Central Committee may fix the security fees rate to the

payable person who will get the permission right to use the vacant,

fallow and virgin lands, depending upon the type of enterprise.

( )

ည ၊ ၊

ည။

Section -14. The Central Committee may fix the land revenue rate to be

assessed and suitable period of tax-exemption for granting right to use

the vacant, fallow and virgin lands, depending upon the type of

enterprise and crop.

( )

ည ၊ ၊

ည ၊

ည။
 25

Section -15. The Department shall be made in the following manner:-

(a) Assessment and collection of land revenue shall be made start from

the expire date of tax-exemption period to the person who got the

permission for granting right to use the vacant, fallow and virgin land

depending upon the type of enterprise and crop;

(b) Supervision shall be made on payment of land revenue of person

who got the permission for granting right to use the vacant, fallow and

virgin lands.

( ၅)

ဌ ည-

( ) ၊ ၊

ည ည

ည။

( ) ၊ ၊

ည။

9.6 Conditions shall be complied by Person who is granted the

Right to Use the Vacant, Fallow and Virgin Lands

 26

၊ ၊

ည ည

Section 16. Person who is granted the right to use the vacant, fallow

and virgin lands shall be complied the following conditions:-

(a) The land granted shall be used for the purpose granted and in

relation to economic enterprise;

(b) The enterprise shall carry out to be completed within four years

from the date of grant according to the purpose granted. The prescribed

period may be revised by the Central Committee for losing time due to

natural disaster and unstable security conditions;

(c) Land granted shall not be mortgaged, giving, sold, leasing or

otherwise transferred or divided without the permission of the Cabinet

of the Union Government;

(d) Land revenue shall be paid fully for the land granted;

(e) With respect to land granted the conditions prescribed by the

Central Committee, shall be complied;

(f) Expect the purpose granted enterprise, exploring other natural

resources below and above ground is prohibited;

(g) If natural resources are found in the authorized land and the

Government being desirous of extracting the same on a commercial

basis resumes the area required therefrom, it shall be surrendered as

directed by the Union Government;

 27

( ၆) ၊ ၊

ည-

( ) ည

ည။

( ) ည ည

ည။

ည ၊ ည

ည ည။

( ) ည ၊

ည ၊

၊ ၊ ၊ ည

(ဃ) ည ၊

ည။

( ) ၊ ၊

ည ည။
 28

( )

ဇ ည ။

( ) ဇ ည

ဧ ည ဧ ည ည

ည ည

ည ည။

9.7 Supervision

Section-17. The Central Committee shall constitute and

prescribed duties of the Task Force and Special Group in respective

Region or State, for scrutinizing and co-ordinations with respect to

submitted cases of right to use the vacant, fallow and virgin lands.

( ၇) ည ၊ ၊

၀ ည ၊
 29

ည ည

ည။

Section-18. The Central Committee may form occasionally and

appoint the Special Board with relevant Departments, to inspect

whether the person who is granted right to use vacant, fallow and virgin

land shall comply with or not the prescribed conditions to carry out the

purpose granted.

( ၈)

ည ၊ ၊

ည ည ည

၊ ဌ

ည။

Section -19. The Central Committee shall resume the area

required in the authorized land, if one of the following situations

arises:-

(a) If ancient culture heritage are found in the authorized land;

(b) If infrastructure project or Special project are desired to be

constructed on the authorized land, in the interest of the State;

(c) Except the permitted minerals, if other natural resources are found

in the authorized land which are permitted for production of mining;

 30

(d) If natural resources are found in the authorized lands which are

permitted for the purposes described in Section4, Sub-section (a), (b),

and (d).

( ၉)

၊ ည

ည ဧ ည ည-

( ) ၊

( )

( )

ဇ ည ၊

(ဃ) ၊ ( )၊ ( ) (ဃ)

၊ ဇ

ည ။

Section-20. For resuming the area required in the authorized land

in accordance with the Section19, the Central Committee will have to

be undertaken in coordination with the department, organization

concerned for getting the compensation within the prescribed period,

calculated by current value to cover the actual investment cost of the

 31

legitimate owner, with the agreement of the Cabinet of the Union

Government.

( ) ည ၊

၉ ည ၊

ည ည

ဌ ၊ ည ည

ည။

Section- 21. If the Central Committee found that the person who

is granted right to use vacant, fallow and virgin lands, breach any

condition of this law; the security fees deposited shall be forfeited to

the State and, shall be revoked the right of land use.

( )

ည ၊ ၊

ည ည ၊ ည ည

ည။
 32

Section -22. The person and organizations who have granted the

authorized land before this law is enacted, by the permission of the

Central Committee for the Management of Vacant, Fallow and Virgin

Lands shall be complied the following conditions:-

(a) Submit the complete record file to the Central Committee, attach

with granted area, order issue date and serial number, the statement of

actual cultivated area and remaining un-cultivate area with photo and

document evidence;

(b) Comply this law with respect to cultivated area of vacant, fallow

and virgin lands;

(c) It deem as the authorized lands which never reclaimed beyond the

prescribed duration, have been revoked by the State;

(d) If the Central Committee found that those persons who are granted

such rights fail to adhere or violate the prescribed conditions or fail to

fulfill their commitments during the prescribed time, the security fees

deposited shall be forfeited to the State and, shall be revoked the right

of land use.

( ) ( ) ၊

ည ည-

( ) ၊

ဧ ည

ည
 33

ဧ ဧ

ည။

( ) ၊

ည။

( ) ည ည

ည ည ည။

( ) ည ည

ည ည ည

ည ည ၊

ည ည။

( ) ၊

ည ည-

( ) ၊

ဧ
 34

ည ၊

၊ ၊

( ၀ ၈ ) ည

ည။

( ) ( )

၊ ည ါ

၊ ည

ည ည ၊ ည။

( ) ( )

ည ၊

ည ည။
 35

9.8 Giving Help to Persons Who are granted Right to Use of

Vacant,Fallow and Virgin Lands

၊ ၊

Section- 23. The Central Committee shall make the following

matter:-

(a) If the persons who are granted right to use vacant, fallow and

virgin lands, contact and request for technical, good quality seeds and

other assistance for carry out agriculture or Livestock breeding

purposes, then the Central Committee shall take necessary action to

help them;

(b) If the persons who are granted right to use vacant, fallow and

virgin lands, request for getting loan of investment capital or the

assistance of materials and services, then the Central Committee shall

make necessary recommendation to the concern department and

organization;

(c) If the persons who are granted right to use vacant, fallow and

virgin lands, faced with huge amount of damage and loss by natural

disaster like as cyclone, request for getting special loan to the State,

then the Central Committee shall make necessary recommendation to

the relevant Ministry.

( )
 36

ည-

( ) ၊ ၊

ည ည ၊

ည ည။

( ) ၊ ၊

ည ၊ ည

ည ည ဌ ၊ ည

ည။

( ) ၊ ၊

ဌ ည။

Section- 24. The Central Committee shall refund the security

fees to the persons who are granted right to use vacant, fallow and

virgin lands, when the enterprise completed within the prescribed time

and conditions.

( )

ည ည

ည ည ည ၊
 37

ည ည။

Section- 25. The Central Committee shall make the following

matter :-

(a) When the person who is granted right to use of vacant, fallow and

virgin land submit his suffering of dispute, disturbance, encroachment

and destroying the benefits with the local farmers, in carrying out the

work, the Central Committee shall make co-ordination with relevant

department and organization at first, and if unable to coordinate it shall

make in accordance with Law;

(b) The Central Committee shall make co-ordination depend on their

desire of the local farmers, not to be lost. Whether the existing

farmland are included in the authorized area of which are not permitted

officially, and ever since before growing by the local farmers;

(c) The Central Committee shall make in accordance with Law with

the agreement of the both sides, if there is an authorized farmer in the

authorized area before.

( ၅)

ည-

( )) ၊ ၊

ည
 38

၊ ၊

ဌ ၊ ည ည ည။

ည ည။

( ) ၊ ၊

ဧ ည

ည ည။

( ) ၊ ၊

ဧ ည

ည ည

ည။

(ဃ) ( )၊ ( ) ( )

ည ည

၊ ၊

ည ည။
 39

9.9 Offences and Penalties

Section- 26. Anyone whomsoever that destroy the benefit with

respect to immovable property on the authorized land , shall be

sentenced with imprisonment for a term which may not exceeding three

years or with fine which may not exceed one million kyats or with

both.

( ၆)

ည ၊ ၊

၊ ည။

Section- 27. Anyone whomsoever that encroach on the authorized

land without the permission of the legitimate owner or his

representative, shall be sentenced with imprisonment for a term which

may not exceeding two years or with fine which may not exceed five

hundred thousand kyats or with both.

( ၇) ည

၊ ၊

ည-
 40

( ) ည ၊

( ) ၊ ၊

၇- ။ ၊

ည ၊ ( )၊ ( )

၊ ၊

ည။

Section- 28. Anyone whomsoever that obstructs the legitimate

owner or the person who is working with the agreement of the

legitimate owner in the course of their duties on the authorized land,

shall be sentenced with imprisonment for a term which may not

exceeding six months or with fine which may not exceed one hundred

thousand kyats or with both.

 41

( ၈) ည ၊ ၊

၊ ည။

Section- 29. Anyone whomsoever that fail to comply with an

eviction-order on revoking the authorized land , shall be sentenced with

imprisonment for a term which may not exceeding one year or with

fine which may not exceed three hundred thousand kyats or with both.

( ၉)

ည ၊

၊ ည ည

၊ ည။

၉- ။ ၊ ၊

ည -

( ) ၆၊ ( ) ည
 42

ည။

( ) ၆၊ ( ) ည

ည ည

ည။

Key Terms

Vacant Land -

fallow land -

Virgin Land -

land Revenue -

security fees -

livestock breeding -

hindrance -

disturbances -

cultivation by trespass -

infliction of damage -
43
 Chapter 10

Farmland Law

Contents Pages

10.1 Definitions 3

10.2 Right to Cultivate a Farmland 9

10.3 Privileges of a Person with the Right to Cultivate a Farmland 15

10.4 Rules to be abided by the Person with the Right to

Cultivate a Farmland 17

10.5 Formation of various levels of Farmland Management Bodies 21

10.6 Rights and Responsibilities of the Central Farmland

Management Body 22

10.7 Action taken for failure to abide by the Regulation 27

10.8 Settlement of Disputes on Right to Cultivate a Farmland and

Appeal 29

10.9 Compensation and Indemnities 32

10.10 Offenses and Penalties 33

 2

Farmland Law

-
 3

10.1 Definitions

Section-3

The following expressions contained in this law shall have the meanings as

given hereunder.

(a) Farmland means land stipulated as rice land, Yar land, Khaing

land, Taung Yar (upland) land, perennial crops land, dhani

(palm) land; garden land; orchard and alluvial land. This

expression does not include dwellings and religious buildings

and its environs and public land not utilized for agricultural

purposes within the boundary of a Township or Village Tract;

 4

(b) Rice land means land utilized mainly for paddy cultivation by

natural source of water or by means of restored water through

irrigation (created by men);

(c) Alluvial isle means unsteady land constantly changing in its soil

composition and structure due to submergence underwater and

yearly current flow condition;

(d) Right to cultivate means the right to hold in possession and

utilize, cultivate farmland for the purpose of increasing

productivity in accordance with this law or the by-laws, rules

and regulations prescribed under this law. This expression does

not include the right to extract and utilize natural resources such

as gemstones, minerals, petroleum and natural gas, existing

below and above the land;

 5

(ဃ)

(e) Farmer means a person who fits one of the following criteria:-

(1) A person who personally works or who has habitually

worked personally, by utilizing the land for agriculture or

livestock breeding or both as his principal means of

subsistence;

(2) A person who personally supervises the utilization of the

said land during the relevant period of agriculture or

livestock breeding or both as his principal means of

subsistence;

(3) A person who personally works or who supervises during

the whole process of plantation of seasonal crops, garden

crops, perennial crops or industrial farming on the relevant

land with his own investment capital;

(4) A person who participates in agriculture and farming

business by utilizing the said land;

(5) A person who actually produces and sells seedlings, seeds,

breeds and hatchlings/fingerlings required in the agriculture,

 6

livestock breeding and related manufacturing enterprises by

utilizing the said land;

-
 7

(f) Farming family means family members living together, related

by blood or by marriage, of a farmer who is the head of the family;

(g) Chief of the family means a person who is the principal person

in charge of the family business and who is also the head of the

family;

(h) Constructional improvement means any modification work

carried out at the expenses or with the labour of the person currently in

possession to cultivate or by his predecessors in possession to cultivate

the said farmland, increasing the perpetual value of the said farm. This

expression also includes any buildings, drainage works, irrigation

channels, tanks, wells, embankments, roads erected on the said land

for the dwelling purpose of the cultivator or for the purpose aiding the

agriculture business and other improvements for perpetual

 8

development. But does not include the clearing land for cultivation,

raising of banks/ridges of paddy fields or improvements of non-

perpetual nature;

(i) Guardian means a person assigned by a court of law with

relevant jurisdiction to undertake the custody and care of a juvenile

(minor) or a person of unsound mind or his possessions or of both;

ဈ
 9

(J) Farmers Association means an Association of Farmers formed

in accordance with a law enacted with the aim of supporting the

development of the rural economy.

(k) Ministry means the Ministry of Agriculture and Irrigation of the

Union.

(l) Department means the Survey and Land Records Department.

10.2 Right to Cultivate a Farmland

Section 4 A person with the right to utilize a farmland shall apply for a

right to cultivate on the said farmland at the Department’s Township office

 10

through the relevant Ward or Village Tract Farmland Management Body, in

accordance with the prescribed conditions.

( )

Section 5 The Department’s Township office shall, after scrutinizing the

application for a right to cultivate a farmland as per Section 4 in accordance

with the prescribed conditions, submit to the Township Farmland

Management Body.

( )

Section 6 The Township Farmland Management Body shall, with the

approval of the District Farmland Management Body, issue a certificate for

the right to cultivate farmland, upon the registration and payment of

registration fees in accordance with the prescribed conditions, in connection

with a farmland in existence on the date of this Law coming into force, to the

following person or organization:-

(a) If it is a person:-

(1) the said family with the right to utilize the farmland shall be of

a family farmers or a member of the family;

(2) the head of the family or a member of the family or a guardian

with the right to utilize the farmland who have been currently in

possession and cultivating as family business on the said

 11

farmland in accordance with the prevailing laws before the

enactment of this law;

(3) a person with legal beneficiary rights under this law after

enactment of this law or with the provisions of the by-laws

issued in accordance with this law;

(4) a person who has attained the age of 18 years;

(5) a person who is a citizen, an associate citizen or a naturalized

citizen.

( ) -

( )

( )
 12

( )

( ) ( )

( )

(b) If it is an organization, a government department, governmental

organization, non-governmental organization, a company or an association

with the right to utilization of the farmland.

( )

Section 7 The Township Farmland Management Body shall, after coming

into force of this law, issue a certificate to grant the right to cultivate a

farmland, with the approval of the District Farmland Management Body,

with regard to the farmlands with the right to utilize resumed by the State and

farmlands located by the State from time to time, upon registration and

payment of registration fees as per the prescribed conditions at the

Department’s Township office, to the following person or organization:-

(a) If it is a person who:-

(1) is engaged in agriculture business by utilizing the farmland;

 13

(2) if no special reason exists, has settled down in the relevant ward

or village tract;

(3) has attained the age of 18 years;

(4) is a citizen, an associate citizen or a naturalized citizen.

(b) If it is an organization, it should be a government department,

government organization, a non-governmental organization,

company or association which actually wishes to carry out

agricultural business on the said farmland.

-၇

( ) -

( )

( )

( ) ( )
 14

( )

( )

Section 8 The Township Farmland Management Body shall issue the right to

utilize a farmland to a person, who, in accordance with this law - applies for

the right to utilize a farmland upon carrying out agricultural farming at the

cultivable, fallow and virgin land after obtaining the right to utilize such land

as farmland; or attains the right to utilize a farmland by inheritance; or by

purchasing, exchanging or accepts as presentation of a gift, upon his

registration and payment of registration fees in accordance with the

prescribed conditions at the Department’s Township office.

 15

10.3 Privileges of a Person with the Right to Cultivate a

Farmland

Section 9 A person with a right to cultivate a farmland shall be entitled with

the following privileges:-

(a) to possess, cultivate and enjoy the benefits arising out of the right

to cultivate thereof;

(b) to sell, mortgage, rent, exchange and present as gift, the whole or

part of the farmland, in accordance with the prescribed rules;

 16

(c) to acquire the decision of a relevant court of law in accordance

with the prevailing law, if a dispute in connection with the

inheritance of the right to cultivate a farmland arises;

(d) to the right to cultivating the farmland, as far as the rules

prescribed are not breached;

(e) to enter into mutually beneficial ventures with rural cooperatives

investments and private investors for the development of agricultural

enterprise on the said farmland;

(f) to enter into mutually beneficial ventures jointly with foreigners

and organizations comprising of foreigners on the said farmland in

accordance with the Republic of the Union Myanmar Foreign

Investment Law.
 17

Section 10 The provisions under Section 4, 5, 6, 7, 8 and 9 are not relevant to

allocation of alluvial land.

- ၇

10.4 Rules to be abided by the Person with the Right to Cultivate

a Farmland

Section12. A person with the right to cultivate a farmland shall:-

(a) cultivate the farmland as prescribed in this law;

(b) make payment of land revenue and other taxes levied by the

Ministry in connection with the farmland;

 18

(c) register the sale, mortgage, rent, exchange and present as gift of the

farmland at the relevant Department’s Township Office, by

making payment of stamp duty and registration fees of the contract

as prescribed by the Department;

(d) register the inheritance of the right to cultivate a farmland at the

relevant Department’s Township office in accordance with a

prevailing law;

(e) mortgage the right to cultivate a farmland only for the sole purpose

of investment capital required for agriculture production and do so

at a government bank or a bank acknowledged by the government;

 19

(f) not trespass and cultivate without official allocation by the relevant

Farmland Management Body;

(g) not use the farmland for different purpose without a permission

order;

(h) not cultivate a different type of crop from the initial crop cultivated

on the farmland, without a permission;

(i) not leave the farmland fallow without a valid reason;

(j) not sell, rent, exchange or present as gift, the farmland before

obtaining the right to cultivate a farmland or during a dispute with

regard to the right to cultivate a farmland.

 20

Section 13. After coming into force of this law, a dispute with regard to the

right to cultivate a farmland shall be entitled to a right of legal course of

action only upon being registered at the Department.

Section 14. A person with the right to cultivate a farmland shall not sell,

mortgage, rent, exchange or present as gift, the whole or partial right to

cultivate a farmland to any foreigner or an organization comprising of

foreigners, without the approval of the Union Government.

 21

10.5 Formation of various levels of Farmland Management

Bodies

Section 15. The Union Government shall:-

(a) form the Central Farmland Management Body comprising with the

Union Minister of the Ministry of Agriculture and Irrigation as Chairman, the

Deputy Minister for Ministry of Agriculture and Irrigation as Vice-Chairman,

the Director General of Survey and Land Records Department as the

Secretary, and the relevant heads of government departments and

organizations as members.

(b) The Central Farmland Management Body so formed under sub-

section (a) may be re-organized from time to time.

( )

''

''

Section 16. The Central Farmland Management Body:-

(a) shall form the following various levels of Farmland

Management Bodies.

(1) Region or State Farmland Management Body;

(2) District Farmland Management Body;

(3) Township Farmland Management Body;

(4) Ward and Village Tract Farmland Management Body.

(b) may re-organize the various levels of Farmland Management

Bodies so formed under sub-section (a).

 22

10.6 Rights and Responsibilities of the Central Farmland

Management Body

Section 17. The rights and responsibilities of the Central Farmland

Management Body are as follows:-

(a) prescribing the rights and responsibilities of various levels of

Region or State, District, Township and Ward or Village Tract

Farmland Management Bodies;

 23

(b) supervising and directing on matters relating to registration of right

to cultivate a farmland, issuance of permit for the right to cultivate

a farmland, settlement of disputes on right to cultivate and right to

utilize a farmland;

(c) supervising and directing on matters relating to sale, mortgage,

rent, exchange and presenting as gift of the right to cultivation of a

farmland;

( )

(d) revoking the right to cultivate a farmland of a person who has

been issued with an administrative penalty under Section 19 sub-

section (c) and (d), a farmland relevant under Section 31, or right to

cultivate a farmland of a person penalized under Section 37;

ဃ ဃ

၇
 24

(e) scrutinizing and verifying the proposals for utilization of farmland

for rural and urban housing projects submitted by the Region or

State Farmland Management Body, in connection with the housing

requirements of increasing population and households in rural and

urban areas;

(f) scrutinizing and verifying the proposals submitted by the Region

or State Farmland Management Body on matters relating to

utilization of farmland for teaching schools, health department,

hospitals, clinics, library, rural markets, cemetery and other

buildings relating to the development of living standards of the

rural population;
 25

(g) scrutinizing and verifying the proposals submitted by the Region

of State Farmland Management Body on matters relating to

utilization of farmland for the construction of necessary roads and

infrastructure, maintaining of agricultural machinery and

equipment, rice mills and warehouses for storage or crops required

in the process of transition to a mechanized modern agricultural

system from the manual agricultural system, for the development

of the agriculture sector;

(h) scrutinizing and verifying the proposals submitted by the Region

or State Farmland Management Body with regard to the utilization

of farmland for constructional improvements for the process of

transition from the manual agriculture system to a mechanized

 26

modern agricultural system, for the development of the agriculture

sector;

(i) supervising, directing and prescribing policies relating to rights of

person with the right to cultivate an alluvial land and allocation of

right to cultivate such land;

(j) supervising and directing on matters relating to hill side

cultivation. (shweapyaungtaungyar)

(k) carrying out duties assigned by the Union Government in

connection with farmland, from time to time.

ဋ
 27

10.7 Action taken for failure to abide by the Regulations

Section 19, Upon failure to abide by all regulations or one of the regulations

under Section 12 of this law, the Farmland Management Body appointed by

the Ministry solely for the purpose of investigating such matters, may, after

investigation and inspection in accordance with this law or with the by-laws

issued under this law, issue one or more orders as follows:-

(a) to impose payment of fine of a prescribed amount;

(b) to enforce utilization of farmland as prescribed;

(c) to evict persons fit for eviction from the farmland;

(d) to destruct buildings constructed, without approval, on the

farmland.
 28

Section 20 Upon failure of a person with the right to cultivate a farmland to

abide by the order issued under Section 19, the Farmland Management Body

mentioned therein, may take legal action by direct complaint in a relevant

court of law by, after the expiry of the time prescribed in the said order.

Section 21 A person with the right of cultivate a farmland who fails to

make payment of tax and tariffs levied by the Ministry, shall have such tax

and tariffs levied as an arrear of land revenue, in accordance with the

prevailing laws.
 29

10.8 Settlement of Disputes on Right to Cultivate a Farmland and

Appeal

Section 22 The Ward or Village Tract Farmland Management Body shall

carry out investigation, hearing and deciding after filing an initial case on the

dispute relating to a right to cultivate a farmland.

Section 23 (a) A person dissatisfied with the order or decision made by

the Ward or Village Tract Farmland Management Body as per Section 22,

may appeal to the relevant Township Farmland Management Body in

accordance with the prescribed conditions, within 30 days from the date of

order or decision.

-
 30

(b) The Township Farmland Management Body may confirm, revise or

cancel the order or decision made by the Ward or Village Tract Farmland

Management Body.

Section 24 (a) A person dissatisfied with the order or decision of the

Township Farmland Management Body made as per Section 23 (b), may

appeal to the relevant District Farmland Management Body in accordance

with the prescribed conditions, within 30 days from the date of the order or

decision.

- -

(b) The District Farmland Management Body may confirm, revise or

cancel the order or decision made by the Township Farmland Management

Body.
 31

Section 25 (a) A person dissatisfied with the order or decision made by the

District Farmland Management Body made as per Section 24 (b), may appeal

to the relevant Region or State Farmland Management Body in accordance

with the prescribed conditions, within 60 days from the date of the order or

decision.

- -

(b) The Region or State Farmland Management Body may confirm, revise or

cancel the order or decision made by the District Farmland Management

Body.
 32

(c) The decision of the Region or State Farmland Management Body shall

be final.

10.9 Compensation and Indemnities

Section 26 Notwithstanding the provision in any prevailing law, the

Central Farmland Management Body shall coordinate as necessary to enable

the relevant authority in compensating and administering by other means in

connection with the farmland resumed for the benefit of the State or the

public, including, the development by constructional improvements on the

said farmland, and the avoidance of any loss on the part of the initial holder

of the right to utilize a farmland for his implementations thereof.

 33

10.10 Offenses and Penalties

Section 35 Any person, with the right to utilize a farmland, found guilty of

failing to abide by the order issued under Section 19, or an order issued or

decision made in connection with a dispute on right to utilize a farmland

under this law, shall be liable to an imprisonment of minimum 6 months to

maximum 2 years and may be liable to a fine of minimum three hundred

thousand to five hundred thousand Kyats.

Section 36 A person who has been found guilty of failing to abide by the

order issued under Section 19 shall be liable to the maximum penalty under

Section 35, for additional offense upon being found guilty of prior conviction

of a similar offence.
 34

Section 37 Any person, with the right to cultivate a farmland, found guilty

of contravening the prohibition under Section 14, shall be liable to an

imprisonment of minimum 1year to maximum 3 years, with a fine not less

than 10 hundred thousand Kyats. The money and property relating to the

offence shall also be liable to confiscation as public property.

၇
 35

Key Terms

farmland -

rice land -

alluvial isle -

farming family -

rules to be abided -

inheritance -

acknowledged by the -

government

valid reason -

confirm -

revise -

cancel -

compensation and -

indemnities
 36

Questions

1. Explain the following terms.

(a) Farmland (b) Rice land (c)Alluvial isle

2. What is right to cultivate a farmland? Who have the right to cultivate a

farmland, explain about?

3. Which privileges of a person with the right to cultivate a farmland can be

provided?

4. What are the rules to be abided by the person with the right to

cultivate a farmland?

5. Explain the formation of various levels of Farmland Management Bodies.

6. In which provisions can rights and responsibilities of the Central

Farmland Management Body, be prescribed?

7. How can be action taken for failure to abide by the Regulations?

8. Discuss settlement of disputes on right to cultivate a farmland and appeal.