JUDGMENT

Anand Ponnudurai J:

Introduction

[1] The Plaintiff commenced this civil suit against the Defendants alleging they are trespassers and seeking/claiming inter-alia declarations, vacant possession, as well as damages for trespass and unlawful interference with the trade and/or business of the Plaintiff as the registered proprietor of the land.

The Parties

[2] The Plaintiff, Eco Horizon Sdn Bhd, (hereinafter referred to as "Eco Horizon") is a private limited company incorporated under the Companies Act 1965 and the registered proprietor of a piece of land identified hereinafter as Lot PT 5965.

[3] The 1st Defendant are the unknown occupier(s) of a Hindu Temple / religious place of worship on part of the said Lot PT 5965 (hereinafter referred to as "the Temple").

[4] The 2nd Defendant is an individual being sued in his personal capacity as well as in his capacity as the Chairman of a Society known as Pertubuhan Penganut Dewi Sri Muthu Mariamman, Batu Kawan, Seberang Perai Selatan (Registration No PPM-003-07-28032003) (hereinafter referred to as the "said Society") which purports to manage the Temple. The said Society is a body registered under the Societies Act 1966.

[5] The 3rd Defe