JUDGMENT

(Enclosure 19)

Johan Lee Kien How JC:

Introduction

[1] The land in issue is all that piece of land known as HS(D) 120442, PT 27048, Mukim Batu, Daerah Kuala Lumpur with an area of 16,228 sq m located at Taman Tasik Indah, Mukim Batu ("the land"). On 26 May 2016, the Office of the Director of Lands and Mines of Wilayah Persekutuan ("ODLM") on behalf of the "Jawatankuasa Kerja Tanah Wilayah Persekutuan Kuala Lumpur" ("JKKT WPKL") has approved the application to alienate the land to the plaintiff.

[2] The plaintiff was later registered as the registered proprietor of the land on 23 October 2017. This is clearly confirmed in both the registered document of title ("RDT") (as shown in the title search report dated 7 November 2017) and also the issued document of title ("IDT") issued.

[3] Upon the discovery of the fact that the land has been occupied by the defendant, plaintiff vide their former solicitors, M/s KK Chong & Company issued a notice of vacant possession dated 3 June 2019 to the defendant demanding the defendant to move out of the land and to give the vacant possession to the plaintiff.

[4] Through a letter dated 24 June 2019, the defendant vide its solicitors, M/s Nayagam &