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1994 MarsdenLR 1550

DATO HAJI ABDUL MALIK BIN HAJI ISHAK
MAJLIS AMANAH RAKYAT (MARA) – Appellant
Versus
TAM SEEK HONG – Respondent


Advocates:
For the plaintiff - Kamaluddin Maamor; M/s. KamaluddinMaamor & Co. For the defendants - M. Govindarajoo; M/s. AhmedBazari & Associates

JUDGMENT

Haji Abdul Malik Bin Haji Ishak JC:

The plaintiff is the registered proprietor of a piece of land ("the said land") comprised in H.S.(D) KN 31/89, No. P.T. 679, measuring 10,670 sq. feet, Mukim Bagan Serai, Daerah Kerian, Perak. The said land is on a 99 year lease, expiring on July 23,2088 (see the photostat copy of the title marked as exhibit "A"). The title to the said land was first issued to the plaintiff on 24 July 1989. The plaintiff proposed to build a two-storey complex on the said land but could not get the ball rolling as the defendants had squatted therein. Notices dated 28 April 1993 and 4 May 1993 were issued to the defendants giving them 30 days' grace to vacate and surrender vacant possessions to the plaintiff. But alas, these notices were ignored.

The defendants sought to establish that they were on the said land earlier and exhibited a temporary occupation licence in the name of one of the defendants for a period of one year beginning from 1 January 1984 till 31 December 1984 (see exhibit "MG2"). The defendants also exhibited a receipt issued in the name of one of the defendants purportedly from the Majlis Daerah and relied on the legend MD601/61 appearin

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