JUDGMENT

Ahmad Fairuz Zainol Abidin JCA:

Introduction

[1] This is an appeal against the decision of the High Court dated 28 November 2023 wherein the learned Judicial Commissioner allowed the Respondent's claim and dismissed the Appellants' counterclaim.

[2] The Respondent is the Administrator of the estate of her late mother, Che Mariah binti Mohd Tahir ("the deceased"), having been appointed through a Grant of Letters of Administration issued by the High Court of Malaya in Kuala Lumpur on 24 May 2017.

[3] The Appellants had been occupying land held under Individual Title HSM 5339, PT 8540 Mukim Batu, District of Kuala Lumpur, Federal Territory of Kuala Lumpur ("the land") and had constructed several residential structures thereon.

[4] The Appellants contend that they have legal and beneficial interest in the land based on the following assertions:

(a) The late Ali bin Salleh, father of the 1st Appellant, had purchased the land from one Haji Mohd Noor through a Sale and Purchase Agreement dated 2 October 1959 (Exhibit D16) for a consideration of $850.00;

(b) Upon execution of the agreement and receipt of consideration, Haji Mohd Noor allegedly gave vacant possession to Ali bin Salleh