The principle of first in time prevails regarding competing land titles as established in the National Land Code.

Introduction

[1] This is an application made by the plaintiff dated 25 February 2015 for disposal of the case on a point of law pursuant to O 14A of the Rules of 2012.

[2] The plaintiff is the registered proprietor of the piece of land held under final title PM 7650 Lot 2449, Sekysen 15 Bandar Ampang, Daerah Ulu Langat of 3,336 square metres in size ("Lot 2449').

[3] The 1st to 3rd defendants are the state agencies involved in land administration pursuant to the National Land Code .

[4] The 4th defendant is the registered proprietor of the piece of land held under final title PN65618 Lot 50135, Sekysen 15 Bandar Ampang, Daerah Ulu Langat of 2,380 square metres in size ("Lot 50135").

[5] For the purposes of this application, the parties have consented to rely on the following documents filed in Court for the factual matrix:

(i) Bundle of pleading;

(ii) Common bundle of documents between the plaintiff and 1st to 3rd defendants;

(iii) Common bundle of documents between the plaintiff and the 4th defendant;

(iv) Report on survey of Land Title PN7650 (Lot 2449) and PN65628 (Lot 50135) by Seni Ukur Consult, licensed land surveyor appointed by the Court pursuant to O 40 of the Rules of 2012;

(v) Summary of facts of the case;

(vi) Issues to be tried;

(vii) 4th defendant's affidavit affirmed by Ho Foo and Seng Swee Yin on 11 March 2015; and

(viii) 1st to 3rd defendants' notice of intention to use affidavit dated 11 May 2015.

[6] After having read the written submissions of the parties, I heard counsel on 8 May 2015.

Salient Facts

[7] From the aforesaid documents, the following facts are common amongst the parties.

[8] The plaintiff was originally the registered proprietor of the land held under qualified title HS(M) 33027 PT100 of 2,787 square metres in size. This title was registered on 17 June 1997.

[9] The land was subsequently surveyed and the land size was re-determined at 3,336 square metres as in survey plan PA 83500 dated 19 July 1999. The increased land size was approved by the Selangor State Executive Council. After payment of the additional premium, the plaintiff became the registered proprietor of the issued final title Lot 2449. This title was registered on 28 November 2007.

[10] In the meantime, there was Ampang Development Sdn Bhd, another registered proprietor of land held under qualified title HS(D)5562 PT01802 of land size of 0.28 hectares. This title was registered on 26 February 2000.

[11] The land was also subsequently re-surveyed and the land size was determined at 2,380 square metres as in survey plan PA 117362 dated 23 May 2008. The issued final title of Lot 50135 was registered in the name of Ampang Development Sdn Bhd on 6 January 2009.

[12] By a sale and purchase agreement dated 28 May 2009, the 4th defendant purchased Lot 50135 from Ampang Development Sdn Bhd. The registration of the transfer of Lot 50135 to the 4th defendant is still pending.

[13] Lot 2449 and Lot 50135 are adjacent to each other and there is land overlap of about 10,000 square feet between them as verified by Seni Ukur Consult.

[14] As the result of the land overlap, the concrete wall of the plaintiff on Lot 2449 has been demolished by people in possession of Lot 50135.

[15] Consequently, this suit is filed by the plaintiff.

Contentions Of The Plaintiff

[16] The plaintiff principally contended that he was the first in time to be registered as the proprietor and must therefore be accorded priority. Although the plaintiff has also claimed damages for negligence and breach of statutor