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REAL PROPERTY ACT 1900 - SECT 44
Registered proprietor suing for specific performance
44 Registered proprietor suing for specific performance
(1) In any proceedings for specific performance brought by a registered
proprietor of any land under the provisions of this Act, against a person who
may have contracted to purchase such land not having notice of any fraud or
other circumstances which according to the provisions of this Act would affect
the right of the vendor, the folio of the Register or a computer folio
certificate evidencing the title of such registered proprietor shall be held
in every Court to be conclusive evidence that such registered proprietor has a
good and valid title to the land and for the estate or interest therein
mentioned or described, and production to the Court of any such folio or
certificate, as the case may be, shall entitle such registered proprietor to
judgment for the specific performance of such contract.
(2) Subsection (1)
does not operate to defeat any claim based on a subsisting interest, within
the meaning of Part 4A, affecting land comprised in a qualified folio of the
Register.
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