JUDGMENT

Abdul Malik Ishak J:

The plaintiff is the younger brother of the second defendant and together they formed the company known as Sin Bee Seng & Co. (Port Weld) Sdn. Bhd. (the first defendant and hereinafter referred to as the "company") on 23 March 1979 (see p. 24 of the agreed bundle at "AB 2"). The company, at all material times, owns a total of seven (7) kilns on lands held by the company under a temporary occupation licence ("TOL") for the processing of charcoals and these kilns are identified by the numbers 3, 4, 7, 9, 12, 17 and 19. The pleadings indicated that the parties agreed that the issued and paid up capital of the company was RM10,000 made up of 10,000 ordinary shares of RM1,00 each and the shareholders of the company comprised, at all material times, the plaintiff, which had 2,200 shares, the second defendant, holding 1 share and the third defendant holding 7,799 shares. It is also not disputed and agreed by the parties as reflected in the pleadings that the company's primary business is and was, at all material times, the extraction of mangrove wood from lands held by the company under TOL for the purposes of processing and producing charcoals. Under reexamination of the plaintiff, it was established that the third, fourth and fifth defendants were the children of the second defendant and this in turn would make them the nephews and niece of the plaintiff respectively. Bluntly put, the company is a family venture between the parties. By an agreement in writing dated 18 October 1985 entered between the plaintiff, the second defendant and the company (hereinafter referred to as the "agreement"'), at the request of the plaintiff, the company and the second defendant agreed to lease to the plaintiff kilns numbers 12, 17 and 19:

for a term of ninety nine (99) years or until the company winds up or when the said licence is withdrawn or terminated by the relevant authority whichever is the earlier, and upon the terms and conditions hereinafter contained.

In consideration of the sum of RM60,000 which the plaintiff had to pay the company (see cl. 1 of the agreement at p. 70 of "AB 2"). Clause 3 of the agreement provides that the sum of RM60,000 paid by the plaintiff under the agreement shall be treated and deemed to be the rental for the entire term of the lease period and no further moneys are required to be paid by the plaintiff to the company during the subsistence of the said lease. Clause 4 of the agreement provides that the company and the second defendant agree that the plaintiff shall be absolutely entitled to utilise kilns numbers 12, 17 and 19 to the fullest in whatever manner the plaintiff deems fit and that the plaintiff shall be absolutely entitled to the profits accruing to the said kilns. By cl. 5 of the agreement, the company and the second defendant agreed and covenanted that the plaintiff shall have full and free use of the land described in the diagram annexed to the agreement and all access and right of way of all paths and roads leading to and/or serving the said land at all times and further the company and the second defendant shall not cause any obstruction to the plaintiff's aforesaid right of way or cause any inconvenience or nuisance to the plaintiff's use of the said land or paths and roads leading to and/or serving the said land. According to cl. 8 (i) of the agreement, the plaintiff shall be given 21 acres of land from the total acreage of land allotted by the relevant authorities to the company to extract mangrove trees for the plaintiff's kilns numbers 12, 17 and 19 and by cl. 8 (iii) of the agreement, the company and the second defendant shall not be entitled to extract any mangrove trees from the said 21 acres of land given to the plaintiff.

The plaintiff testified that initially he was accorded that 21 acres of land and he managed to operate the charcoal kilns numbers 12, 17 and 19. The plaintiff initially was the authorised representative of the company for the purposes of liasing