JUDGMENT

T. Selventhiranathan JC:

The plaintiff filed this originating summons against the four defendants claiming vacant possession forthwith of two specific lots of land on which are erected four units of pre-war double-storey terrace houses ("the property in question" or "the property" collectively, or "the land" or "the premises", as the context may require), bearing addresses 1, 3, 5 and 7 Carnarvon Lane, Penang, as well as damages and costs.

The facts are largely not in dispute. The plaintiff purchased the property in question by way of a courtordered public auction on 6 January 1992 for RM141,000. Upon payment of the balance of the purchase price, he became the registered proprietor thereof on 25 May 1992. Among the conditions of sale was a stipulation that the property was "... sold subject to all assets, liabilities and rights (if any) .subsisting thereon ...".

On 28 July 1992 the plaintiff, through his solicitors, issued separate notices to quit to all four defendants as occupiers of the property and demanded that they deliver up vacant possession by 31 August 1992. Failure to do so would be visited by the taking of "the necessary action to evict you and claim for damages".