JUDGMENT

Shaik Daud Ismail JCA:

The appellant is the registered owner of land known as HS(D) 66601 PT 2473 Mukim Setapak, Wilayah Persekutuan which consists of 487,533 square feet of land (the said land). The said land was registered in the appellant's name on 6 July 1990. At that material time all the four respondents and a number of others were living on the said land. The appellant purchased the land from one STLR Sdn Bhd who became the owner of the land on 26 October 1985. Prior to that date the land belonged to the government.

As the registered owner, the appellant filed a claim against the four respondents claiming that they were trespassers and prayed for vacant possession, mesne profits from 11 October 1993, until delivery of vacant possession, damages for trespass, interest and costs.

The respondents denied that they were trespassers. They contended that they were the lawful occupants of the said land as licensees coupled with equity and that the appellant knew or ought to have known of the equity. They also contend that their continuous occupation of the said land was known to or expressly and/or impliedly acquiesced and/or encouraged by the State Authority and/or Dewan