We have given our decision earlier whereby by majority, we have dismissed the application to adduce fresh evidence and we have also

dismissed the appeal with costs. My learned brother, Abdul Aziz Mohamad, J.C.A., had his reservation. I am now giving the grounds for the majority decision in dismissing the application and the appeal proper.

The respondent in the present appeal is the registered owner of the land known as Lot 1360 Mukim of Cheras, District of Hulu Langat (hereinafter referred to as "the said land") whereas the appellant is the registered owner of the land known as Lot 150 Mukim of Cheras, District of Hulu Langat. The two pieces of land were separated on its southern boundary by a strip of State land approximately 40 feet wide which is known as "the road reserve". It was not disputed that the appellant at the material time were carrying on development works on their land for the purpose of developing it into a golf course and a huge residential and commercial

complex known as "Bandar Sungei Long". In carrying on those works the appellant encroached onto the respondent's land whereby the appellant committed trespass on the respondent's l