JUDGMENT

Mohd Hishamudin bin Mohd Yunus JC:

This is an appeal against the decision of the learned Senior Assistant Registrar.

On 20 December 1991, the plaintiff filed its writ claiming from the defendant, inter alia, possession of a piece of land known as Lot 9497, Mukim Ampang, Daerah Hulu Langat (hereinafter referred to as the "said land"). On 3 January 1992, the plaintiff filed an application for summary judgment (under Order 14, Rules of the High Court) against the defendant. The defendant filed its statement of defence on 11 January 1992. The plaintiff filed its reply on 13 February 1992.

The application for summary judgment was dismissed by the learned Senior Assistant Registrar on 17 April 1992. Hence, this appeal.

The appeal was heard in chambers before me on 29 January 1993.1 gave my decision on 8 March 1993. I allowed the appeal.

The defendant applied for further arguments in open Court. Further arguments were heard on 22 April 1993 and 10 July 1993. Having had the benefit of hearing further arguments, I am now persuaded by one - but only one - of the arguments advanced by learned Counsel for the defendant. I am now of the opinion that there is merit in the defendant'