JUDGMENT

Faizah Jamaludin J:

Introduction

[1] This is an action by the plaintiff against the defendant in respect of a piece of alienated land held under title H.S.(M) 12944 PT 44569, Kampung Sungai Plong, Mukim Sungai Buloh, Daerah Petaling, Negeri Selangor ("the Alienated Land"). The Alienated Land was previously State Land located at Batu 16, Sungai Plong, Sungai Buloh, Selangor (the "TOL Land"). The TOL Land was alienated by the State Authority in 2002.

[2] The plaintiff seeks a declaratory order from this Court that she is the beneficial owner of the Alienated Land. She also seeks consequential orders for the Deputy Registrar of this Court to execute the memorandum of transfer of the Alienated Land from the defendant to the plaintiff and for the Pendaftar Hakmilik Daerah Petaling, Selangor to register the transfer of the Alienated Land after payment of the requisite stamp duty and registration of transfer fees.

[3] The defendant was the holder of a licence to temporarily occupy the TOL Land and is the registered owner of the Alienated Land. She, in turn, counterclaims against the plaintiff for orders that the plaintiff demolish the house that the plaintiff had built on the land