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2007 MarsdenLR 1440

HIGH COURT MALAYA, SHAH ALAM
CAHAYA UTAMA INDUSTRIES SDN BHD – Appellant
Versus
KONG KAM PENG – Respondent


JUDGMENT

KN Segara J:

[1] The plaintiff (formerly known as Kaohyee Timber Company Sdn. Bhd.) is the legal owner of land held under title Q.T.(M) 28 Lot 586 Mukim of Sungai Buloh, State of Selangor since 15 February 1984 (see exh. D18) [formerly known as Roll of Approved Applications No. 403/59 (380/59) dated 21 June 1966 (see exh. D6)]. It states very clearly at the bottom of exh. D6:

Surveyed area 2 acres (blank) roods (blank) poles.

Exchanged for Qualified Title No. (M) 28 Lot No. 586 Mukim of Sungei Buloh.

This 21st June, 1966

Sd. & Sealed

Collector of Land Revenue

[2] The titles in continuation for Q.T.(M) 28 Lot 586 (exh. D18) are H.S.(M) 4848, No. P.T. 586, Mukim of Sungai Buloh, State of Selangor (exh. D17) and final title No P.M. 97, No. Lot 19578 Mukim of Sungai Buloh, State of Selangor (exh. P11). The said final title was issued by the Land Office on 29 August 1988 after a survey was conducted and approved on 20 August 1988. On 30 March 1994 title P.M. 97 was sub-divided into:

1) H.S.(M) 9022, No. PT 27048, Mukim of Sungai Buloh, State of Selangor (exh. D4).

2) H.S.(M) 9023, No. PT 27049, Mukim of Sungai Buloh, State of Selangor (exh. D5).

3) Simpanan Jalan.

4) Kawasan Kubor.

[3] The

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