A land owner can seek possession under O. 89 when the occupier has no lawful consent, and squatters can be summarily evicted.

Abdul Malik Ishak J:

The Facts

This was an application by both the plaintiffs in encl. 3 for summary possession of a piece of land held under HS (M) 2162 PTD 4403 Mukim Benut, daerah Pontian measuring 2.522 acres (hereinafter referred to as the "land") under O. 89 r. 1 of the Rules of the High Court 1980 ("RHC").

In its translated form, the prayers sought for in encl. 3 were worded in this way:

(1) The plaintiffs to obtain vacant possession of the land on the grounds that the plaintiffs were entitled to obtain vacant possession and those occupiers who occupied the land did so without permission or consent.

(2) The defendants and all those who stayed on a portion of the land were required to give vacant possession to the plaintiffs and to vacate the house built thereon within 14 days from the date of the order herein obtained.

(3) The costs of the application and the related costs therein to be borne by the defendants.

Enclosure 3 was dated 28 November 1998 and it was filed on 30 November 1998.

Enclosure 3 was supported by the joint affidavit of both the plaintiffs as seen in encl. 2 that was affirmed on 15 October 1998 and filed on 20 October 1998. In encl. 2, both the plaintiffs deposed that what they stated were within their knowledge and that they were true. They also deposed that they affirmed the affidavit in encl. 2 to support their application in encl. 3. They deposed that they are currently the registered proprietors of the land and that they had bought the land sometime in the year 1993, to be precise on 5 July 1993 as seen in the photostat document of title exhibited and marked as "EEH 1". They deposed that after they had purchased the land, they discovered that there was a wooden house being built on the land without their permission or consent. Two photographs of the wooden house - both these two photographs were photostated copies, were exhibited and marked as exh. "EEH 2" in encl. 2 and a perusal of these two photographs clearly showed in the foreground a dilapidated wooden single storey bungalow house while at the background was a double storey bungalow house which was built and owned by both the plaintiffs. Both the plaintiffs deposed that they had on several occasions directed the defendants to surrender vacant possession of a part of the land wherein the wooden single storey bungalow house stood but the defendants failed, refused and simply ignored those directions. The plaintiffs had no choice and they directed their solicitors Messrs H.H. Long & Co to send a letter to the defendants and the other occupiers who were on the land to surrender vacant possession. The defendants responded through their solicitors Messrs K. Sila Dass & Partners who conveyed the message that the defendants ought not to be disturbed. The letter from Messrs K. Sila Dass & Partners dated 12 January 1998 addressed to the plaintiffs was worded thus (exh. "EEH 3" of encl. 2):

K. SILA DASS & PARTNERS

12-1-1998

MR/D/3001/98/MISC./YU

A.R. REGISTERED

CERTIFICATE OF POSTING

ER ENG HONG, KAMPONG PARIT ISMAIL, BENUT, PONTIAN, JOHOR.

Dear Sir,

We are the solicitors for Mr. NEW KIM ENG & NEO KIM ENG of 77A, Jalan Parit Ismail, Benut, Johore, who instructs us that you came to our client's house on 21-12-1997 at about 8.00 pm with a group of men.

You also said that there was a solicitor with you and demanded that our client sign a letter prepared in Chinese language to the effect that our client shall quit and deliver vacant possession of a house known as No. 115, Jalan Parit Ismail, Benut.

According to our client he is not the owner of the aforesaid premises.

Our client has also lodged a Police report in regard to this matter.

Please take notice that you are to forthwith refrain from harassing our client.

If you continue to harass our client please note that such action as may be necessary will be taken against you.

Yours faithfully,

Sg