JUDGMENT

Wan Yahya J:

On 15 December 1981 the plaintiff who was desirous of carrying on his business as a second-hand goods dealer bought land No. 37 of town area 29 Bandar Malacca. Towards the rear of the plaintiff's left adjacent lot as one faces the road stands the house of the second defendant as well as a cluster of other houses. The house built by the 2nd defendant is maintained by payment of ground rent to the owner of that lot. The first defendant, the son of the second defendant, Ong Peck Seng, came to live with his father in that house some time in 1979 when he commenced to do the same business as the plaintiff. The defendant's house partly encroached on the plaintiff's land. However, as this part of the building had been demolished this matter no longer forms the issue in this case. Right in the centre of the plaintiff's land from the rear portion to the front main road there existed a path used by the first and second defendants as access to their house.

Some time after taking possession of his newly purchased lot the plaintiff with a view to commencing his second-hand dealer's business fenced the entire area but the fence was forcibly pulled down by the first defendant