Mokhtar Sidin JCA:

Counsel for the respondent raised a preliminary objection as to the locus standi of the appellants and their counsel when the three appeals were called. The three appeals involved are:

(i) Rayuan Sivil No. J-02-487-1995

(ii) Rayuan Sivil No. J-02-352-1996

(iii) Rayuan Sivil No. J-02-263-1996

The appellants in the first and third appeals described themselves as follows:

Orang-orang yang menduduki rumah (sebahagian papan, sebahagian simen) dan setor-setor papan yang didirikan atas sebahagian tanah yang terkandung di bawah hakmilik Geran No. 26977 bagi Lot 4271 dalam Bandar Johor Bahru, Johor.

The appellants in the second appeal described themselves as follows:

Orang-orang yang menduduki rumah papan yang didirikan atas sebahagian tanah yang terkandung di bawah Hakmilik Geran No. 26977 bagi Lot 4271 dalam Bandar Johor Bahru, Johor.

As can be seen from the caption of the appeals the titles of the appellants are given to be the occupiers of the said land. These titles followed the titles as described in the originating summons filed by the respondent. The respondent is one and the same in the three appeals and is the plaintiff in the originating summons.

For the convenience of all concerned in this judgment we will refer the appellants as the defendants and the respondent as the plaintiff.

The plaintiff is the registered owner of the land comprised under Grant No. 26977 for Lot No. 4271, in the township of Johor Bahru (hereinafter referred to as "the land"). The initial area of the land was 27 acres 0 rood 20 poles. The State Government had acquired approximately three acres of the land. The area of the land at the filing of the originating summons measured approximately 24 acres. The land was previously described or known as C.T. 2264 and before that as Malay Grant 1572. By a court order dated 22 January 1949 the land was vested in the Estate and Trust Agencies (1927) Limited as trustees for the Estate of Syed Hassan bin Ahmad Alattas. The Estate and Trust Agencies (1927) Limited remained the registered proprietor of the land until 13 January 1981 when they transferred the land to four trustees of the Estate namely Syed Mohamed bin Idroos Alattas, Dato' Ungku Mohsin bin Mohamed, Syed Ali bin Mohamed Alattas and Syed Hussein bin Salim Alattas. On 6 May 1981 the land was again transferred and registered in the name of four new trustees of the Estate namely Syed Hussein bin Salim Alattas, Syed Salleh bin Abdul Rahman Alattas, Syed Abd. Kadir bin Mohd. Alattas and Syed Mohd. Zain Alattas. On 21 January 1994 the plaintiff became the registered proprietor of the land.

After becoming the registered proprietor of the land, the plaintiff visited the land and found houses had been erected on the land which were occupied by several individuals. They were there without the permission or the agreement of the plaintiff. Among the houses are those described in the present appeals. The occupiers of these houses are said to be squatters.

The plaintiff's solicitors issued notices of demand for vacant possession from the squatters. On their failure to hand over vacant possession the plaintiff took up the present action which is under O. 89 of the Rules of the High Court 1980. When the plaintiff took up the action they took advantage of the provisions of O. 89 r. 1 which states as follows:

1. Where a person claims possession of land which he alleges is occupied solely by a person or persons (not being a tenant or tenants holding over after the termination of the tenancy) who entered into or remained in occupation without his licence or consent or that of any predecessor in title of his, the proceedings may be brought by originating summons in accordance with the provisions of this Order.

Order 89 r. 1 is identical to O. 113 r. 1 of the English Rules. Paragraph 113/ 1-8/1 of the Annual Supreme Court Practice 1997 states:

This Order does not provide a new remedy but rather a new procedure for the recovery of po