Gunalan Muniandy JCA:

Introduction

[1] This appeal is by the appellants, who were defendants in the Court below ("D1-D3") against the decision of the Learned Judicial Commissioner ("LJC") at the Shah Alam High Court ("HC") wherein the LJC allowed the plaintiff/respondent's claim against D1-D3 for declaratory orders and several consequential/ancillary orders. The decision followed a full trial involving the plaintiff and D1-D3 only. As for the 4th defendant ("D4"), it successfully obtained an order to be struck out from the suit, which order remains valid and has not been set aside. D4's inclusion in this appeal is pursuant to an order of the Federal Court allowing D4 to intervene at the Court of Appeal as the 4th appellant.

Factual Background

[2] The respondent was at all material times the proprietor of all that Land held under Individual Title Deed HSD 110086, Lot No 4, Bandar Sunway, District of Petaling, State of Selangor Darul Ehsan ("PT 1") and acquired a registered interest therein on 26 April 1997 after alienation by the 2nd appellant.

[3] By letter dated 27 April 1994, the 1st appellant informed the respondent that the Majlis Mesyuarat Kerajaan Negeri Selangor had appro