PREPARED BY: PREPARED FOR:

MUHAMMAD SYAFIQ FAHMI BIN IBRAHIM | 2020465312 | AP229 6D SIR MOHD KHAIRUL ANUAR JALIL

CASE OF

Chua Sai Ngoh v

Beh Ai Meng The house was
defendant before the purchase
by the

[1955] 1 MLJ 167 ofland by the plaintiff. The house

was plank-walled house and was
The plaintiff claimed that the house belonged built on concrete platform. The
to her as the house was built at her land. On defendant had been paying rent

BUILDING CONTROL III (BSR656)

the other hand, the defendant contended the tothe plaintiff yearly for the
plaintiff was only the owner of the land, and not occupation of the land until 1953.
the owner of the house as well because
defendant was the one who built the house.
Fixture Chattel
Fixture is defined as anything that is Something that one the land but not
fixed to the ground by means other fixed on the land by anything than
than its own weight. their own weight.
A fixture is an item that is attached A chattel is an item even it attached
to the land and immovable to the land, it is removable
Chattels can become fixtures and If a chattel has been affixed to the
fixtures can become chattels in residence and cannot be removed
specific instances. without causing harm to the
property, it becomes a fixture.

Exception
Any traditional house is considered as chattel.
Local Custom :
It can be removed from one location to another.

Tenant Fixture: Even if a tenant permanently installs furniture for

commercial or residential use, it is still considered chattel
and is detachable.

Conclusion

The plaintiff, also known as Chua Sai Ngoh, owns the house that was built on the
land and is considered a fixture. The house was an immovable item that was
attached to the land she purchased. Unless it is a Malaysian traditional house, the
house is considered a fixture. As a result, it is up to her to decide whether she
wants to keep it or demolish it. Beh Ai Meng, on the other hand, can keep the
furniture and minor appliances in the house because they are considered chattel
and can be removed without causing any damage to the property.