JUDGMENT

Quay Chew Soon J:

Introduction

[1] This suit involves a property known as Lot 288 held under Geran Mukim No. 207, Mukim 3, Daerah Seberang Perai Selatan, Negeri Pulau Pinang measuring approximately 24,255.1656 square meter ("Land"), together with a unit of factory measuring approximately 100,000 square feet bearing an address at PMT 366, Jalan Tasek, Dua Kongsi, 14200 Sungai Jawi, Pulau Pinang erected thereon ("Factory").

[2] The Plaintiffs seek a declaration that they have rights and interest over the Land and the Factory. And that they are entitled to enjoy the exclusive use and possession of the Factory, including but not limited to carrying on and continuing their business in the Factory. They seek an order that the Defendant ("D") delivers vacant possession together with consent and approval from the relevant authority for the purpose of any work including but not limited to building work, planning as well as building plan for Parts A, B, C and D of the Factory to the Plaintiffs immediately.

[3] D's defence is essentially two-fold. Firstly, vacant possession of Part A of the Factory has already been delivered to the Plaintiffs. Secondly, D is not responsible for obtaining