Peh Swee Chin FCJ:

At times, one cannot resist a pun, thus, this case is not "A Tale Of Two Cities" but a tale of two documents of title for an identical piece of land, being State land prior to the issue of the earlier of the two documents of title, and being also lot No. 1898, Mukim Ijok, Daerah Kuala Selangor, due no doubt to some bureaucratic bungling. Lot No. 1898 is hereafter referred to as the said lot.

The respondent herein, (hereafter called the 1st titleholder), was issued with a document of title of the said lot registered in September 1968, (Exh. AB-1) while the appellant herein (hereafter called the 2nd titleholder), was issued with another document of title for the said lot also, registered in December 1972. The two different dates of registration for the two documents of title are significant, for legally, any alienation of State land shall take effect only upon the registration of a document of title thereto. The 1st title holder's document of title was registered earlier.

The 1st titleholder caused to be issued a writ against the 2nd titleholder, claiming to be the registered owner of the said lot, alleging that the 2nd titleholder had been in unlawful o