JUDGMENT

Abdul Wahab Mohamed J:

Introduction

[1] This case concerns the dispute over five pieces of land ("the Lands"), claimed by the plaintiff, who asserts ownership by virtue of being the registered proprietor of the Lands. The plaintiff seeks vacant possession of the Lands, which are currently occupied by the defendants for farming activities.

[2] The plaintiff contends that the defendants are unlawfully occupying the Lands and have failed to establish any legal right, license, permission, or consent to enter and remain on the Lands.

[3] The defendants resist the plaintiff's claim on several grounds, including a challenge to the validity of the plaintiff's title. The defendants contend that the plaintiff's title is invalid, unlawful, and void, and that the plaintiff lacks the necessary locus standi to institute these proceedings. The defendants base their contention on alleged procedural irregularities in the alienation of the Lands from the State Authority to the plaintiff.

[4] Having meticulously considered the pleadings, the documentary evidence adduced by both parties, and the oral testimonies of the witnesses, as well as the comprehensive submissions of learned counsel for the plaintiff and the defendants, this court is now seized with the responsibility of determining the rights and liabilities of the parties. For the reasons hereinafter appearing, this court is of the view that the plaintiff's claim must succeed.

Background Facts

[5] The plaintiff, Kinding Maju Sdn Bhd, is a private limited company with its registered office at No 6, Jalan Chew Sin On, 31650 Ipoh, Perak, and its business address at No 136, Jalan Tambun, 31400 Ipoh, Perak. The plaintiff claims to be the registered proprietor of the following five (5) pieces of land, all located in Mukim Hulu Kinta, Daerah Kinta, Negeri Perak, which are the subject matter of this dispute:

a) Pajakan Mukim 37497, Lot 550658 (dahulunya dikenali sebagai HS (M) 23318 PT 286270);

b) Pajakan Mukim 37498, Lot 550659 (dahulunya dikenali sebagai HS (M) 23319 PT 286271);

c) Pajakan Mukim 37499, Lot 550660 (dahulunya dikenali sebagai HS (M) 23320 PT 286272);

d) Pajakan Mukim 37500, Lot 550661 (dahulunya dikenali sebagai HS (M) 23318 PT 286270);

e) Pajakan Mukim 37501, Lot 550662 (dahulunya dikenali sebagai HS (M) 23318 PT 286270).

[6] The defendants are individuals who have occupied and are currently occupying the said Lands for farming activities. It is an undisputed fact that the Lands were State Lands at all material times before their alienation to the plaintiff.

[7] The plaintiff's case is straightforward. As the registered proprietor, it claims ownership and is thus entitled to vacant possession of the Lands. The plaintiff asserts that the defendants have been illegally occupying the Lands and have failed to prove the existence of any license, permission, or consent for their occupation.

[8] The defendants deny the plaintiff's claim and have put forward a defence based on the following contentions:

(i) That their predecessors had been occupying the Lands since the 1930s, during the British colonial period;

(ii) That they and their predecessors have invested significant efforts, money, and savings to develop the Lands for agricultural purposes, and the Lands have since become a main source of food supply for the country;

(iii) That previous officers from the Pejabat Daerah dan Tanah Ipoh ("PTG Ipoh") visited the Lands in the 1980s, encouraged the defendants to participate in the Projek Persayuran Hulu Kinta, and gave them assurances that the Lands would be leased to them, although no further news was received from the Government;

(iv) That they have made several attempts to apply for a lease of the Lands since the 1980s, but their applications were either rejected or not replied to.

[9] The defendants further challenge the validity of the Final Titles for the Lands on the basis that:

(i) The plaintiff was aware, or ought to have been aware, of the defendants' long-standing occupation and investm