JUDGMENT

Akhtar Tahir J:

Introduction

[1] The Plaintiff having a business at Pangsapuri Casmaria, Batu Caves ("the condominium") filed an Originating Summons against the Defendant the managing body of the said condominium seeking various declarations from the court as well as asking for damages.

The Brief Facts

[2] The main grievance of the Plaintiff against the Defendant is that the Defendant had purportedly towed away his car, a Savy bearing registration number PGQ 2345 from the parking lot of Block A of the condominium.

[3] The Plaintiff alleges that the towing away by the Defendant is illegal is therefore asking for damages and is also seeking declarations that the house rules of the condominium under which the towing was done, is against A 13 of the Federal Constitution . The Plaintiff also contends that the house rules are not applicable at the place where he had parked his car as this is not a common area.

The Issues

[4] Looking at the facts the court determined that the first issue is whether this is a proper case to be initiated by an Originating Summons?

[5] The other issues are whether the reliefs including the declarations and damages asked for are proper and valid under the cir