JUDGMENT

Alice Loke Yee Ching J:

Introduction

[1] The Plaintiff is a co-proprietor of a piece of land together with 10 others, of varying shareholding. She sues her brother and nephew for vacant possession of that portion of the land which she claims is hers and which the defendants have been occupying without her consent.

The Plaintiff's Case

[2] The subject matter of the present dispute concerns a piece of land identified as GM 341 Lot 1223, Mukim Cheras, Daerah Hulu Langat, Negeri Selangor ("Lot 1223"). The title adduced in evidence at the trial shows 11 co-proprietors, including the plaintiff. The Plaintiff owns 1/8 portion of the said land, measuring 3414.5 square meters. The co-proprietors are all related.

[3] Although the land has not been subdivided, the co-proprietors had at some point arrived at an agreement on the physical location of their respective portions.

[4] The Plaintiff's 1/8 shareholding of Lot 1223 was transferred to the plaintiff by her late mother Zohrin binti Ludin ("Zohrin"). The Form 14A dated 8 February 2015 states that the transfer was on the basis of love and affection. The Memorandum of Transfer was presented to the land office for registration on 17 Decembe