JUDGMENT

Raja Azlan Shah FJ (delivering the judgment of the Court):

This case concerns alienation of a piece of State Land dated 13 May 1971 and made by the State Authority whereby an industrial lot in Jalan Skudai, Johor Bahru, measuring about three acres was granted by the State Authority to the respondent company for a term of 60 years, subject to the provisions and conditions contained in the National Land Code and to a number of specified conditions referred to in the Qualified Title as, and therein set out under the heading of "Special Conditions" (s. 109). The said conditions comprised six numbered paragraphs of which the first three are in these terms:

"i. The land hereby leased shall be used solely for the erection of a factory.

ii. Within 24 months from the date of Registration of QT, the lessee shall build upon the land hereby leased only a factory according to plan approved by the Town Council and the Collector of Land Revenue, Johor Bahru.

iii. The land hereby leased shall not be transferred, charged, sub-leased or otherwise disposed of until the building of the factory required by the condition first above written has been completed as evidenced by endorsement ther