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1982 MarsdenLR 424

SYED OTHMAN, MOHAMED AZMI, ABDOOLCADER
S KULASINGAM – Appellant
Versus
COMMISSIONER OF LANDS FEDERAL TERRITORY – Respondent


Advocates:
CV Das ( John Gurusamy with him) for the plaintiffs.
Dato Abu Mansor bin Ali, Senior Federal Counsel ( Lim Heng Seng, Federal Counsel, with him) for the respondents.

JUDGMENTBY: HASHIM YEOP A SANI J, ABDOOLCADER J

HASHIM YEOP A SANI J This is an application for a number of declarations which if granted will have the effect of rendering all proceedings taken by the defendants under the Land Acquisition Act, 1960 null and void. A brief summary of the background facts may be necessary.

The first plaintiff is the sole surviving trustee of the land described in the document of title Grant No. 6444 Lot 5 section 42 in the town of Kuala Lumpur. The second plaintiff is a registered society under the Societies Act, 1966 which is principally a sporting and cultural body. It is also said to be one of the oldest sporting clubs in this country bearing the name of Tamilians Physical Culture Association (T.P.C.A.) formed in 1914. The said land was a grant from the Sultan of Selangor to the T.P.C.A. made on March 5, 1915 and was expressly granted for use of the T.P.C.A. as a recreational ground. The land is approximately 5 acres in area and situated at the junction of Jalan Raja Muda and Jalan Doctor Latiff and surrounded by residential and institutional buildings namely the General Hospital and the Medical Research Centre.

The said land has been used as a

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