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1995 MarsdenLR 596

COURT OF APPEAL KUALA LUMPUR
SALIM ISMAIL & ORS – Appellant
Versus
LEBBEY SDN BHD (NO 1) – Respondent


Petitioner Advocates:R Sivarasa,Yasmeen Sharif ,Respondent Advocate: V S Viswanathan

JUDGMENT

Mahadev Shankar JCA:

[1] This is an application for a stay of execution which we granted. The respondents have appealed to the Federal Court.

[2] The applicants are long standing occupants of the land comprising in HS (D) 34221 PT No 30186 Mukim Ampang, Daerah Ulu Langat (the said Land). The applicants had erected thereon permanent structures in which they live. Some of them also cultivated the said Laid. Throughout they were permitted to occupy the Land by the state authority without objection. On account of their long standing presence on the Land, they claim they have the right to occupy the Land as licensees coupled with equity. The state authority did not take any direct to terminate the applicants' occupation of the said Land.

[3] The Land was then alienated by the Selangor Authority to the respondent's company (Lebbey) for a substantial premium. Lebbey claims that it had borrowed a substantial sum of money from its bankers in order to finance the development of this Land. It is submitted that the interest charges payable on the loan taken escalate from day to day and that any delay in the development will have adverse financial effects of a magnitude which the applicant

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