Peh Swee Chin J:

At the outset of this case, learned State Legal Adviser raised a preliminary objection which I feel I ought to dispose of first of all. He argued that the 1st defendant, the State Government of Negeri Sembilan should not have been sued and that the action should have been only against the 2nd defendant, the State Commissioner of Lands and Mines, Negeri Sembilan. Learned Counsel for the plaintiffs, in reply, referred to the various declarations sought against the 1st defendant. I indicated then I would hold over my decision until the conclusion of the case. In my view, the 1st defendant, because of the various declarations sought against it, should be a proper and necessary party and ought to be heard, for the purpose of completely adjudicating on all the issues herein. I therefore dismiss the preliminary objection.

At the early part of the hearing, all Counsel, in response to a suggestion from me to try to narrow down issues of facts and law, had commendably agreed on certain issues of facts, and learned Counsel for the plaintiffs, in particular, had elected to proceed only on the two issues or two of the prayers of the statement of claim in this case.

On