Lamin Mohd Yunus FCJ:

[1] This is an appeal from the order of the learned Judge below made on 22 January 1992 granting an interlocutory mandatory injunction as prayed for by the respondent/plaintiff in prayers (c) and (d) in his summons-in-chambers dated 22 September 1990. The rest of the prayers are to be determined at the trial of the action itself. The prayers (c) and (d) as in the order read:

It Is Ordered and directed that the defendant, Karuppannan a/l Chellapan by himself his agents or servants do forthwith:

(c) Seal the side exit and side windows and remove, pull down or demolish the protrusions sewerage piping system manholes and septic tanks and all other illegal and/or unlawful encroachments encroaching upon or overhanging any part of HS (D) 197 No PT Lot 25 s 3 in the Township of Brinchang, Cameron Highlands in the State of Pahang.

(d) Alternatively, in the event that the defendant does not comply with the order of Court within thirty (30) days from the date of this order of Court herein, the plaintiff or his agents or servants be entitled to do so at the costs of the defendant.

[2] The respondent/plaintiff is the registered owner of the land held under HS (D) 197 PT