Gopal Sri Ram JCA:

[1] The facts of this case fall within a narrow compass. The appellant is the local authority in and for the island of Pulau Pinang. The respondent was, at all material times the ground tenant of land of which the Majlis Agama Islam, Pulau Pinang ("the Majlis") is the registered proprietor. The Majlis is not a party to this appeal. The respondent is the successor in title to a portion of a plank house which had been constructed on the land in question. He had purchased that portion from one Che Yam binti Yahya. On 1 October 1986, the appellant pursuant to the power conferred on it by the Street, Drainage and Building Act 1974 ("the Act") demolished the house in question. The respondent brought an action against the Majlis and the appellant claiming certain declaratory and ancillary relief. As against the appellant, the declaration sought was to the effect that the demolition was unlawful. The High Court quite correctly refused to grant that remedy. But it awarded compensation of RM26,000. And it is against that order that the present appeal is directed.

[2] The type of ownership claim made by the respondent in the present case is not a stranger to our la