Abdul Malik Ishak J:

[1] All parties agreed that these two originating summonses should be heard together as they involved the same piece of land. For originating summons no: 24-655 of 1994, a memorandum of appearance dated 23 November 1994 was entered on behalf of one Lim Kim Leung ("Lim") by Messrs Yacob Rakan Rakan, Advocates and Solicitors, Johor Bahru (encl 9). Whereas a memorandum of appearance in regard to originating summons no: 24-872 of 1994 was entered on behalf of one Ng Eng Hing ("Ng") on 18 January 1995 (encl 6) by the same solicitors. From the affidavits and the various exhibits annexed therein the facts unfolded as follows. It is not disputed that the plaintiffs in these two originating summonses were the legal registered proprietors of the land comprised under grant no: 26977 for Lot 4271, in the township of Johor Bahru ("land"). The plaintiffs were registered as the registered proprietors of the land on 21 January 1994. That land had an initial acreage of 27 acres 0 rood 20 poles but after acquisition by the State Government of approximately 3 acres, the land dwindled in acreage and, at the material time, it measured approximately 24 acres. It is still a big piece of land bearing in mind that it is located in the heart of Johor Bahru. It is germane to mention that the land was previously known as C.T. 2264 and before that as Malay grant 1572. By a Court order dated 22 January 1949 vide civil suit no: 20 of 1937, the land was vested in the Estate and Trust Agencies (1927) Limited as trustees for the estate of Syed Hassan bin Ahmad Alattas ("the said estate"). The endorsement of the memorial of the vesting order as ordered by the Court was made on the register document of title to the land on 14 May 1949 as reflected in the Malay grant 1572. This meant that the registered proprietor of the land as from 14 May 1949 was the Estate and Trust Agencies (1927) Limited as trustees for the said estate. The Estate and Trust Agencies (1927) Limited remained the registered proprietor of the land until 13 January 1981, and thereafter the land was transferred to the following four (4) persons as trustees of the said estate:

(i) Syed Mohamed bin Idroos Alattas;

(ii) Dato' Ungku Mohsin bin Mohamed;

(iii) Syed Ali bin Mohamed Alattas; and

(iv) Syed Hussein bin Salim Alattas.

[2] On 6 May 1981, the land was again transferred and registered to the following four (4) persons and they held the land as trustees of the said estate:

(i) Syed Hussein bin Salim Alattas;

(ii) Syed Salleh bin Abdul Rahman Alattas;

(iii) Syed Abdul Kadir bin Mohd Alattas; and

(iv) Syed Mohd Zain Alattas.

[3] It is pertinent to mention that at no time was the land sub-divided or transferred to any of the beneficiaries of the said estate.

[4] Now, the plaintiffs were desirous of developing the land after they became the registered proprietors and, towards this end, they visited the land and were shocked to discover that there were houses erected on the land and occupied by individuals without their permission and/or agreement and, among them was a wooden house (for originating summons no: 24-655 of 1994) and a partly wooden and partly cemented house together with the wooden stores (for originating summons no: 24-872 of 1994).

[5] In their affidavits, the plaintiffs deposed that based on valuation reports prepared by M/s. Colliers Jordan Lee & Jaafar dated 16 May 1991 as requested by the plaintiffs and that prepared by M/s. Param & Associates dated August 1990 as instructed by the trustees of the said estate, the houses found on the land as described earlier were classified as squatters. It was deposed that trespass to the land occurred when the land was left vacant by the plaintiffs predecessors' in title.

[6] Notices of demand dated 8 June 1994 (for originating summons no: 24-655 of 1994) and 1 July 1994 (for originating summons no: 24-872 of 1994) were issued by the plaintiffs' solicitors to those persons in occupation of the houses that were built on the land.