Lim Beng Choon J:

In this action instituted by the plaintiff, the Royal Selangor Golf Club, against the defendant, the Anglo-Oriental (Malaya) Sdn. Bhd., the plaintiff is seeking a declaration that upon the proper construction of the two agreements creating a lease of a portion of the plaintiff's land for the benefit of the defendant should be for a term of 30 years commencing from 1 May 1949 and expiring on 30 April 1979. The plaintiff is also seeking another declaration that the defendant is now trespassing on the said portion of the land and the plaintiff is entitled to vacant possession of the same.

The facts of this case are not seriously disputed. The plaintiff (for convenience I shall refer to them as "the Club" in my narrative of the facts) was at all material times and still is the registered proprietor of the land held under CT No. 17211 (former CT No. 9729 Lot No. 7 s. 90 located in Kuala Lumpur comprising of slightly more than 343 acres. On or about 31 May 1949, the Club agreed to lease a portion of the land comprising of slightly more than two acres to the defendant (again for convenience I shall refer to them as `Anglo Oriental' in my narrative of the facts)