Suffian FJ (delivering judgment of the Court, and read by Gill FJ in Alor Star):

The plaintiff (appellant) was tenant of padi land belonging to the defendant (respondent).

At the beginning of the 1966-7 padi season the plaintiff began preparing the land for planting when the defendant sent his tractor in, turned out the plaintiff and himself planted padi there that season.

The plaintiff sued the defendant in the sessions Court for damages for trespass. It is to be observed that he did not ask for possession of the land. He asked for -

(1)$1,224 special damages being loss of profit he would have made had be been allowed to cultivate the land that season, and

(2)general damages.

In the event the learned president gave judgment for him for the sum claimed as well as for $500 general damages. He held that there was a relationship of landlord and tenant between the parties. On appeal the High Court varied the president's judgment. The learned appellate Judge held that there was no relationship of landlord and tenant between the parties, that the plaintiff was only a licensee and that the defendant had not given reasonable notice to the plaintiff to determine the licence an