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HIGH COURT MALAYA KUALA LUMPUR
EVERMARK REALTY SDN BHD – Appellant
Versus
THE OCCUPIERS OF THE LAND KNOWN AS HS (D) 123352 NO PT 50009 SECTION 90 .... – Respondent
| Table of Content |
|---|
| 1. plaintiff's ownership and dispute of defendants' claim. (Para 1 , 2 , 4 , 5 , 6 , 7) |
| 2. defendants' claim of licensure and equity. (Para 3 , 11 , 12 , 13 , 14 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27) |
| 3. court's consideration of legal definitions and ownership. (Para 8 , 9 , 10 , 28 , 29 , 30 , 31 , 32 , 33) |
| 4. legal rulings on rights of squatters and ownership. (Para 34 , 37 , 39) |
Preliminary
[1] By way of the Originating Summons [Enclosure 1], the plaintiff is seeking an order for the recovery of possession of the land in dispute pursuant to O 89 of the Rules of Court 2012 (" ROC 2012"). The plaintiff is also seeking a declaration that the defendants' occupation of the land was unlawful and for the defendants to be held liable for the costs related to restoring the land.
[2] The plaintiff is the registered owner of the land.
[3] In opposition to encl 1, the defendants claim that they have been granted a licence coupled with equity to occupy the land.
An Overview Of The Facts Of The Case
[4] The plaintiff is the registered owner of the land measuring approximately 12064.511 square meters, which is known as H.S.(D) 123352, No
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