Suffian LP

(read by Ali Hassan F.J.): This is a dispute regarding the ownership of a piece of land held under E.M.R. 5087 which is in two lots, being padi land Lot 10600 and kampung land Lot 5406 in the Mukim of Tanjung Karang in the District of Kuala Selangor.

It is registered in the name of the plaintiff (appellant before us) but in the possession of the defendant (respondent before us). The plaintiff sued the defendant for a declaration that she is the registered proprietor and praying for, among other things, vacant possession. Her claim was dismissed by Haji Mohd. Azmi J. and she now appeals to us.

The facts, briefly, are as follows. The two lots were originally held under approved applications Nos. 814/50 and 79/57 under the old F.M.S. Land Code, the approved applicant being one Palaniandy son of Murugan.

In 1957, before leaving for India, Palaniandy appointed the defendant as attorney in respect of the land (see Power of Attorney No. 500/57 dated May 11, 1957, at pages 136 and 139 of the appeal record, hereinafter referred to as the first P.A.).

Five years later on or about July 9, 1962, the defendant executed an irrevocable Power of Attorney No. 739/62 authorising the plai