Gopal Sri Ram JCA:

[1] We heard and dismissed this appeal on 22 January 1996. The reasons for our decision now follow.

[2] The short point that arises in this appeal is the applicability, to the facts of this case, of the summary jurisdiction conferred upon the Court by O 89 of the Rules of the High , 1980. Those facts, all of which are undisputed, are as follows.

[3] The respondent is the registered proprietor of a piece of land held under Certificate of Title No 9018 for Lot No 55, in the town and district of Kuala Lumpur, which we will, throughout this judgment, refer to as "the said land". It purchased the said land from a company called Metro Murni Sdn Bhd ("Metro Murni") under an agreement dated 23 January 1991. The transfer was registered in the respondent's favour on 21 October 1991. That registration conferred upon the respondent, by reason of the provisions of the National Land Code 1965 ("the Code"), a bundle of rights, including the right to immediate possession of the said land. Additionally, it was a term of the agreement of sale and purchase that the respondent shall have vacant possession of the said land.

[4] The said land was, at the time the respondent became