Rethinasamy a/l Govindasamy v Penghuni-Penghuni yang tidak dikenalpasti dan yang menghuni/menduduki struktur-struktur tanpa izin di atas Lot 3606 (G.M. 190) dan Lot 3607 (G.M. 218), Tempat Kebun Bunga , Daerah Timor Laut, Pulau Pinang (PA-24NCvC-524-05/2025)

The Plaintiff filed an originating summons for summary possession of land under O 89 of the Rules Of Court 2012 (ROC 2012) against occupiers of ninety-one (91) structures situated on the said lands (Enclosure 1).

The Defendants who consisted of the said occupiers filed numerous affidavits to oppose the said application which were accordingly replied by the Plaintiff.

Upon a detailed perusal of the affidavits filed and exchanged between the parties and the submissions made by both the solicitors for the Plaintiff and Defendants, this court partially allowed Enclosure 1 based on the reasons set hereinbelow.

The two (2) pieces of land involved are known as Lot No. 3606 (G.M. 190) and Lot No. 3607 (G.M. 218), Tempat Kebun Bunga, Mukim 18, Daerah Timur Laut, Pulau Pinang (hereinafter referred to as "the said Lands").

The registered proprietors of the said Lands in their respective undivided shares are as follows:-

Ramesh a/1 Rethinasamy (No. K/P: 691120-07-5775) (1/6 share);

(ii) Rakesh a/I Rethinasamy (No. K/P: 780227-07-6449) (1/3 share); and

(iii) Rathika a/p Rethinasamy (No. K/P: 790301-07-5532) (1/3 share) who bought, transferred and duly registered their respective shares in the said Lands into their respective names between the years 1992 to 1993 and 2015 respectively.

(iv) Phua Kean Lam (No. K/P: 590913-07-5027) (1/36 share);

Subramaniam a/1 Ramalingam (No. K/P: 611120-02-5417) (1/9 share); and

(vi) Dhiraj a/l Sham Sunder (No. K/P: 851027-02-5685) (1/36 share) who bought, transferred and duly registered their respective shares in the said Lands into their respective names on 28.05.2024.

By Powers Of Attorney dated 18.12.2024, 03.01.2025 and 09.01.2025, the registered proprietors of the said Lands appointed the Plaintiff to, inter alia, take necessary steps to evict the occupiers/squatters of the said Lands.

This led to the filing of Enclosure 1 herein.

There are currently ninety-one (91) building structures built in combination of both cement and wood currently situated on the said lands (hereinafter referred to as "the said building structures") and identified as the following units-Units 677-E, 680, 699-A, 699-B, 699-C, 699-D, 699-D (PEL 1), 699D (PEL-2), 699-D (PEL 3), 699D (PEL 4), 699-D (PEL 5), 700-U, 700-V, 700-W, 700-X, 700-Y, 700-Z, 701-A, 701-B, 701-C, 701-D, 701-E, 701-F, 701-G, 701-H, 701-I, 701-J, 701-K, 701-L, 701-M, 701-S, 701-T, 701-U, 701-V, 701-W, 701-X, 701-Y, 701-Z, 702-A, 702-B, 702-C, 702-D, 702-E, 702-F, 702-G, 702-H, 702-I, 702-J, 702-K, 702-L, 702-M, 702-N, 702-O, 702-P, 702-Q, 702-R, 702-S, 702-T, 702-U, 702-X, 702-Y, 702-Z, 703-A, 703-B, 703-C, 703-D, 703-E, 703-F, 703-G, 703-H, 703-I, 703-J, 703-K, 703-L, 703-M, 703-N, 703-O, 703-P, 703- Q, 703-R, 703-S, 703-T, 703-U, 737-A, 900, 901, 902, 903, 904 and Lot 3607.

From the abovesaid ninety-one (91) units, occupiers of sixteen (16) units, namely, 700-V, 701-D, 701-E, 701-L, 702-F, 702-T, 702-Y, 702-Z, 703-D, 703-F, 703-G, 703-I, 703-K, 703-P, 703-T and Lot 3607 did not file any affidavit in reply to oppose Enclosure 1 herein.

The sole issue for consideration is whether the Defendants are squatters or tenants coupled with equity.

From the evidence adduced in the affidavits, particularly, an Indenture dated 16.06.1882, the said Lands were originally registered in the names of six (6) individuals, namely, (i) Lim Boon Tat (ii) Lim Noon Nai (iii) Lim Boon Seng (iv)Lim Boon Tong (v) Lim Boon Seang and (vi) Lim Boon Lin as tenants in common.

Pursuant to an agreement dated 16.06.1882, the common descendants of the six (6) abovenamed persons appointed Lim Kong Aik being the administrator of the estate of Lim Boon Seng (deceased) to, inter alia, lease the said Lands and hereditaments to ground tenants only.

Throughout the years and over a series of sale and purchase transactions, the said Lands are now registered in the names of the current registered proprietors. The current ownership of the said Lands is not disputed.

The Plaintiff submitted that not only were there no relationship(s) in existence between the current registered proprietors and the Defendants, the current registered proprietors too have neither demanded nor collected any monies from the Defendant(s) since they attained ownership of the said Lands.

Conversely, the Defendants submitted that ground rentals were paid to the previous owners of the said Lands, particularly to the "Estate of Lim Boon Nai (deceased) and Brothers" as evidenced by the receipts exhibited in the Affidavits in Reply of some Defendants.

From the affidavit evidence, the Defendants also exhibited, inter alia,(i) Sale & Purchase Agreements entered into between the Defendant(s) or their parents or grandparents, some of whom are deceased, and the previous owners of the said Lands, (ii) receipts of ground rent paid, (iii) receipts of water and electricity bills as well as (iv) receipts of assessment paid to the local town council. Hence, the Defendants argued that they are not squatters but had occupied the said Lands with the consent of the previous owners.

From a careful and detailed perusal of the numerous affidavits in reply and documents exhibited by the Defendants, it is the finding of this court that the building structures must have been built with the encouragement and approval or at least without the objection of the previous owners of the said Lands. This finding is fortified by the fact that the previous landowners took no steps to demolish the said building structures.

Further, it is trite that equity is not lost by the changes made to the house nor by the changes in its ownership (see Mok Deng Chee v Yap See Hoi & Ors [1981] 2 MLJ 321.

The arguments by the solicitors for the Plaintiff on the illegality of the building structures erected on the said Lands are devoid of merit as it is not a pre-requisite that for tenancy coupled with equity to arise, the building structure must be legally erected thereon with the approval from the local authority.

Thus, based on the abovementioned documentation, it would appear that the Defendants have equitable interests on the said Lands.

However, under s.221(3)(b) of the National Land Code 1965, any equitable interest held over by the Defendants which relate only to part of the said Lands carries a maximum term of only thirty (30) years from the date it was first created.

Upon the expiry of the 30-year period, the Defendants would lose the equitable protection afforded to them hence, revert from tenants coupled with equity to squatters simpliciter.

As such, it is imperative to carry out a computation of the period of 30 years based on the various documents exhibited in the affidavits in reply of the Defendants so as to ascertain the status of the Defendants herein.

A detailed and careful perusal of the Defendants' Affidavits in Reply and documents exhibited therein was carried out by this court to establish the timeline of events for purposes of computation of the period of tenancy of each Defendant pertaining to each building structure erected on the said Lands.

The results of the said strenuous exercise are reproduced in the table hereinbelow.

Defendant's father Karrupiah s/o Arumugam bought this unit from Singaravelu a/l Supramaniam @ Singara Vello a/l Subramaniam vide Sale & Purchase Agreement dated sometime in 1973 as evidenced by a stamp depicting the same year from the Stamp Office Penang affixed thereon.

Defendant's father passed away on 01.11.1986.

Official receipt from Estate of Lim Boon Nai dated 01.01.2006 for rental at RM120-00 (01.01.2006-31.12.2006)Equity has since expired2.702-K(Enclosure 10)

Defendant's grandfather Sellan a/l Veeran bought this unit in1968.Equity has since expired

Rental still collected from Sellan a/l Veeran vide official receipt dated 01.01.2016.3.702-J(Enclosure 11)

Sale & Purchase Agreement dated 02.10.1999 between Ravindran a/l Supramaniam and Thiaga Raju a/l Subramaniam.

Ground rents paid and official receipts issued by Lim Kiat Jin as administrator of the Estate of Lim Boon Nai (deceased) Brothers.Equity has yet to expire4.702-D(Enclosure 12) Defendant's mother occupied this unit since 1984.Equity has since expired5.702-Q(Enclosure 13)

Defendant bought from Valliammal a/p A. Arumugam vide Surat Ikatan Serahak dated 14.03.2005.

Quit Rent of unit issued.Equity has yet to expire6.701-B(Enclosure 14) Defendant and family occupied the unit since 1974 vide Sales and Purchase Agreement dated 10.08.1974.Equity has since expired7.700-Y(Enclosure 15) Defendant and family occupied this unit since 1971.Equity has since expired

8.737-A(Enclosure 16) Defendant and family occupied this unit since 1973 vide Deed of Sale dated 1973.Equity has since expired9.900(Enclosure 17) Defendant's occupancy based on Deed of Assignment dated 19.05.1982.Equity has since expired10.702-C(Enclosures 18 and 22)

Defendant owned and occupied this unit since 2013 vide transfer fee dated 09.01.2013.

Ground rents paid and official receipts issued by Lim Kiat Jin as administrator of the Estate of Lim Boon Nai (deceased) Brothers.

Quit rent issued for this unit by local authorities.Equity has yet to expire11.699-D(PEL-5)(Enclosure 19)

Defendant bought this unit from Paul Balakrishnan a/l Velladorai vide Sale and Purchase Agreement dated 19.05.2004.

Ground rents paid and official receipts issued by Lim Kiat Jin as administrator of the Estate of Lim Boon Nai (deceased) Brothers.Equity has yet to expire

12.701-M(Enclosure 20)

Defendant and family occupied this unit since 08.09.1993 vide Sale and Purchase Agreement.

Deed of Gift dated 2015.Equity has since expired13.702-L(Enclosure 21)

Defendant bought this unit from Cheah Sang Chean vide Sale and Purchase Agreement dated 07.12.2020.

Quit rent and utility bills issued for this unit.Equity has yet to expire14.702-C(Enclosures 22 and 18)

Defendant owned and occupied this unit since 2013 vide transfer fee dated 09.01.2013.

Ground rents paid and official receipts issued by Lim Kiat Jin as administrator of the Estate of Lim Boon Nai (deceased) Brothers.

Quit rent issued for this unit by local authorities.Equity has yet to expire15.703-S(Enclosures 23 and 77)

Defendant bought this unit from Rajendran a/l Letchumanan with consent of landowner vide Sales and Purchase Agreement / Agreement to Assign dated 18.11.2013

Quit rent issued.Equity has yet to expire

16.901(Enclosure 24) Defendant bought this unit from Lim Kiat Jin vide Sales and Purchase Agreement dated 05.09.2011.Equity has yet to expire17.701-X(Enclosure 25)

Defendant occupied this unit with his grandfather since 2005.

Quit rent and utilities bills issued for this unit.Equity has yet to expire18.702-G(Enclosure 26) Defendant and family occupied unit since 1979.Equity has since expired19.703-B(Enclosures 27 and 73)

Defendant bought this unit at the sum of RM40,000-00 vide Sale and Purchase Agreement dated 28.06.2006 with consent of landowner.

Ground rents paid and official receipts issued by Lim Kiat Jin as administrator of the Estate of Lim Boon Nai (deceased) and Brothers.

Utilities bills issued for this unit.Equity has yet to expire20.703-O(Enclosure 28) Defendant's father A.Sebastian s/o Arulandy who passed away on 12.12.1984 bequeathed this unit to the Defendant.Equity has since expired

21.677-E(Enclosure 29) Defendant's father bought this unit vide Bill of Sale dated 15.08.1951.Equity has since expired22.702-B(Enclosure 30) Defendant and another bought this unit vide Surat Ikatan dated 31.07.1989.Equity has since expired23.703-A1. Defendant bought this unit with consent of landowner vide Perjanjian Serahak dated 11.02.2011.

Ground rents paid and official receipts issued by Lim Kiat Jin as administrator of the Estate of Lim Boon Nai (deceased) Brothers.

Utilities bills issued for this unit.Equity has yet to expire24.703-E(Enclosure 32) Defendant and another bought this unit vide Surat Ikatan Serahak dated 11.04.1988.Equity has since expired25.703-R(Enclosure 33) Defendant and his grandmother occupied this unit since 2015.Equity has since expired

26.702-N(Enclosure 34) Defendant bought this unit vide Surat Ikatan Serahak dated 20.12.2000 with consent of landowner.Equity has yet to expire27.703-J(Enclosure 35)

Defendant bought this unit vide Perjanjian Serahak dated 05.07.2002 with consent of landowner.

Quit Rent issued.Equity has yet to expire28.699-D(PEL-2)(Enclosure 36) Defendant bought this unit from Paul @ Balakrishnan vide Sale and Purchase Agreement dated 15.06.2004.Equity has yet to expire29.702-M(Enclosure 37) Defendant's father Sivemuthu s/o Rayappan built this unit in 1968.Equity has since expired30.700-Z(Enclosure 38) Defendant and family occupied this unit since 1969.Equity has since expired31.699-D(Enclosure 39) Defendant bought this unit from Lim Kiat Jin vide Sale and Purchase Agreement dated 15.04.2005.Equity has yet to expire

32.699-C(Enclosure 40) Defendant and family occupied this unit which Defendant's father bought on 14.05.1975.Equity has since expired33.680(Enclosure 41) Defendant and family occupied this unit which Defendant's mother bought vide Sale and Purchase Agreement dated 14.05.1975.Equity has since expired34.703-C(Enclosure 42)

Defendant bought this unit from Othman Maidin vide Sale and Purchase Agreement dated 29.04.1999.

Quit Rent issued.Equity has yet to expire35.699-D(PEL1)(Enclosure 43)

Defendant bought this unit from Lim Kiat Jin vide Sale and Purchase Agreement dated 15.04.2005.

Ground rents paid and official receipts issued by Lim Kiat Jin as administrator of the Estate of Lim Boon Nai (deceased) Brothers.Equity has yet to expire36.700-W(Enclosure 44) Defendant's grandfather and family and Defendant occupied this unit since 1970.Equity has since expired

37.701-C(Enclosure 45) Defendant bought this unit for RM80,000-00 with consent from Lim Kiat JIn vide Agreement to Assign dated 29.03.2005.Equity has yet to expire38.701-H(Enclosure 46) Defendant's mother bought this unit vide document dated 20.07.1970 where Defendant and family occupied there since.Equity has since expired39.700-U(Enclosure 47) Defendant's mother bought this unit on 21.02.1971.Equity has since expired40.701-J(Enclosure 48) Defendant and family and grandmother occupied this unit since 1970.Equity has since expired41.703-H(Enclosure 49) Defendant's parents bought this unit vide Sale and Purchase Agreement dated 10.03.1990.Equity has since expired42.902(Enclosure 50) Defendant and family occupied in this unit since 1990.Equity has since expired43.702-F(Enclosure 51)

Defendant's mother bought this unit with the consent of Lim Kiat JIn vide Surat Ikatan Serahak dated 21.11.2013.Equity has yet to expire

Ground rents paid and official receipts issued by Lim Kiat Jin as administrator of the Estate of Lim Boon Nai (deceased) Brothers.

Quit rent issued for this unit by local authorities.44.702-O(Enclosure 52) Defendant's grandfather, Defendant and family occupied this unit since 1968.Equity has since expired45.701-G(Enclosure 53) Defendant's father bought this unit vide Bill of Sale dated 16.01.1978.Equity has since expired46.701-K(Enclosure 54) Defendant's mother occupied this unit since 14.05.1984.Equity has since expired47.701-F(Enclosure 55) Defendant and family occupied this unit since 1969.Equity has since expired48.701-A(Enclosure 56) Defendant's mother vide Indenture bought this unit on 05.08.1981.Equity has since expired49.702-S(Enclosure 57)

Defendant bought this unit at RM60,000-00 with consent of landowner vide Sale and Purchase Agreement dated 03.05.2013.

Quit Rent issued.Equity has yet to expire

50.699-B(Enclosures 58 and 59) Defendant's grandfather bought this unit on 11.06.1959.Equity has since expired51.701-Y(Enclosure 60)

Defendant avers her grandfather Rattan Singh a/l Gurbachan Singh bought this unit though no evidence of sale adduced.

Letter dated 24.12.2004 adduced to show Madam Karam Kaur d/o Nantha Singh was ground tenant.

No evidence adduced to show relationship between Madam Karam Kaur d/o Nantha Singh with Rattan Singh a/l Gurbachan Singh and/or Defendant.Equity has since expired and

Defendant has no locus standi52.701-I(Enclosure 61) Defendant and wife bought this unit from Tan Hock Lee at RM110,000-00 with the consent of landowner vide Surat Ikatan Serahak dated 28.12.2001.

Ground rents paid and official receipts issued by Lim Kiat Jin as administrator of the Estate of Lim Boon Nai (deceased) Brothers.

Quit rent issued for this unit by local authorities.Equity has yet to expire53.701-Z(Enclosure 62) Defendant's mother bought/built this unit and occupied it since 1969.Equity has since expired

54.702-I(Enclosure 63) Defendant and family occupied this unit since 1969.Equity has since expired55.699-D (PEL 3)(Enclosure 64) Defendant bought this unit from Lim Kiat Jin at RM20,000-00 vide Sale and Purchase Agreement dated 05.09.2011.Equity has yet to expire56.702-A(Enclosure 65) Defendant's parents bought this unit and occupied it since 27.06.1969.Equity has since expired57.702-E(Enclosure 66) Defendant avers his late mother Lim Nqak Chin built this unit with knowledge of the estate of Lim Boon Nai. However, no evidence adduced of relationship between Defendant and Lim Ngak Chin, deceased.Defendant has no locus standi.58.700-X(Enclosure 67) Defendant and family occupied this unit which was owned by Defendant's father since 1968.Equity has since expired59.703-L(Enclosure 68) Defendant and his father-in-law occupied this unit since 1968.Equity has since expired60.701-T(Enclosure 69) Defendant and family occupied this unit since 1970.Equity has since expired

61.701-V(Enclosure 70) Defendant and husband occupied this unit since 1969.Equity has since expired62.702-H(Enclosure 701 Defendant and family occupied this unit since 1968.Equity has since expired63.903(Enclosure 72) Defendant's mother transferred this unit to Defendant with consent of Lim Kiat Jin vide Agreement dated 12.09.2003. Ground rents paid and official receipts issued by Lim Kiat Jin as administrator of the Estate of Lim Boon Nai (deceased) Brothers. Quit rent issued for this unit.Equity has yet to expire64.701-S(Enclosure 75) Defendant and parents occupied this unit since 1970.Equity has since expired65.702-R(Enclosure 76) Defendant occupied this unit as chapel since 1974.Equity has since expired

66.699-D(PEL4)(Enclosure 78) Defendant bought this unit vide Sale and Purchase Agreement dated 05.06.2004.Equity has yet to expire67.702-U(Enclosures 151 and 167) Defendant and family occupied this unit since 1971.Equity has since expired68.701-W(Enclosure 153) Defendant and family occupied this unit since 1960's.Equity has since expired69.703-N(Enclosure 154) Letter from MBPP to Defendant's father dated 26.10.1989 in respect of this unit.Equity has since expired70.702-P(Enclosure 160) Defendant and family occupied this unit since 1995.Equity has since expired71.703-U(Enclosure 161)

Defendant and family occupied this unit since 2003.

Ground rents paid and official receipts issued by Lim Kiat Jin as administrator of the Estate of Lim Boon Nai (deceased) Brothers.Equity has yet to expire

72.702-X(Enclosure 162)

Defendant and family occupied this unit since 2012.

Ground rents paid and official receipts issued by Lim Kiat Jin as administrator of the Estate of Lim Boon Nai (deceased) Brothers.Equity has yet to expire73.701-U(Enclosure 163) Defendant and family occupied this unit since 1970 which Defendant's father bought in 1970.Equity has since expired74.703-Q(Enclosure 164) Defendant and family occupied this unit since 1969.Equity has since expired75.904(Enclosure 168) Defendant and family occupied this unit since 1950's.Equity has since expired.

Thus, save and except the Defendants occupying the following twenty-five (25) buildings structures identified as Units 703-S, 703-J, 703-C, 703-B, 703-A, 702-X, 703-U, 702-F, 702-J, 702-L, 702-N, 702-Q, 702-S, 702-C, 701-X, 701-I, 701-C, 699-D (PEL 5), 699D (PEL-2), 699-D, 699-D (PEL 1), 699-D (PEL 3), 699D (PEL 4), 901 and 903, the rest of the Defendants are squatters simpliciter.

Enclosure 1 is partially allowed with the relevant amendments to be made as per the order made herein. Costs of RM5,000-00 is awarded to the Plaintiff subject to allocator fees. Counsel(s): Mr. Kumarathiravanam together with Ms. Shaaleni Ravendran from Messrs K.Kumara & Co. for the Applicant. Mr. V. Amareson from Messrs Amareson & Meera for the Respondent. Case(s) referred to: Mok Deng Chee v Yap See Hoi & Ors [1981] 2 MLJ 321.