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1971 MarsdenLR 250

RAJA AZLAN SHAH
PESUROHJAYA IBU KOTA KUALA LUMPUR – Appellant
Versus
PUBLIC TRUSTEE – Respondent


Advocates:
For the applicant - J.L. Tan; M/s. Shook Lin & Bok For the respondent - V.L. Kandan; M/s. Shearn Delamore & Co.

JUDGMENT

Raja Azlan Shah J:

This is a claim for costs and compensation for removal of squatters by the Kuala Lumpur Municipality.

The applicant, Pesurohjaya Ibu Kota, Kuala Lumpur, applied by way of originating summons for an order that the holding comprised under CTNo. 4744 on lotNo. 291, s. 46, situated at Lorong Gombak (hereinafter referred to as the 'said land') be attached and sold pursuant to the provisions of s. 50 of the Town Boards Enactment (Cap. 137) and regs. 10(2) and 10A(L) of the Essential (Clearance of Squatters) Regulations 1969 to recover the sum of $338,378.45 being costs and expenses under reg. 10(2) and compensation under reg. 10A(1) and fees with interest thereon at the rate of 60er annum from 9 June 1970 until payment and costs of the application.

The facts of the case are as follows: The applicant is the Pesurohjaya Ibu Kota, Kuala Lumpur and the four respondents are the Public Trustee, Malaya for the Public Trustee, Singapore as administrator of the estate of Hardial Singh s/o Moher Singh, Harban Singh s/o Jagat Singh and Harban Singh s/o Jagat Singh and Talok Singh s/o Jagat Singh as personal representatives of the estate of Pritam Singh s/o Jagat Singh

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