Hepworth J:

The plaintiff is the owner of a piece of land known as Lot 662, Mukim 14, Province Wellesley North. The defendants are contractors and boat builders and have their place of business at 2698, Bagan Luar Road, Butterworth, Province Wellesley. The plaintiff's claim is for damages for trespass by the defendants on the said land, Lot 662. (A prayer for an injunction was abandoned as now being unnecessary).

Lot 662, which has an area of over four acres, is adjacent to the sea. Between Lot 662 and the sea-shore there is an area approximately 100 feet long by 100 feet wide of what is known as accretion land, that is to say land which was formerly covered by the sea. It is common ground that this accretion land is State land.

On 7 October 1961 the defendants applied to the Collector of Land Revenue, Butterworth, for permission to erect a temporary shed and to construct tongkangs on this accretion land. On the 10 October 1961 the Deputy Collector of Land Revenue, Butterworth, replied to the defendants informing them that their application was approved, subject to two conditions, (a) that the licensee should keep the land clean and that nothing permanent should be erect