Mohamed Azmi J:

This is a claim by KNPR Kannappa Chettiar for a declaration that the order of Russell J dated 24 May 1948 in Kuala Lumpur High Court Civil SuitNo. 62 of 1947 (hereinafter referred to as "the 1947 case") is no longer operative and that the defendant has no right of lien over the titles of the land held under CTNo. 8691 and EMRNo. 2640 both in the Mukim and District of Batang Padang and EMRNo. 5000 (now 2760) in the Mukim of Durian Sebatang District of Lower Perak, and that the same should forthwith be returned by the defendant or his solicitors to the plaintiff.

The brief facts of this case are as follows. On 31 October 1947 soon after the Japanese Occupation, one moneylending PRNN Firm, of which the present plaintiff was the attorney filed the 1947 case against the present defendant as first defendant, and one Periyakaruppan Chettiar s/o Arunasalam Chettiar as second defendant - the former being a clerk and the latter as agent of the firm. Various reliefs were sought against the two defendants relating to the business of the PRNN Firm which included the taking of accounts and, in particular, an order was sought against the first defendant (hereinafter referred to as "the present defendant") to deliver to the firm account books, documents of titles and negotiable instruments belonging to the firm. These documents were kept in a box, locked by a padlock in the firm's premises, but the key to the padlock was kept by the present defendant. In his defence in the 1947 case, the present defendant contended that PRNN Firm and its three subsidiaries owed him $9,292.77 as salary, bonus and expenses, and that he was entitled to a lien over the firm's documents which were in his constructive possession until full and complete payment was made to him. In the event, he counterclaimed against the firm for the sum of $9,292.77. In order to obtain its documents before the final disposal of the 1947 case, PRNN Firm by Summons-in-Chambers dated 11 May 1948 made an interlocutory application under s. 499 of the then Civil Procedure Code; and on 24 May it obtained a consent order from Russell J for the delivery by the present defendant of the account books, documents of titles, etc which formed part of the subject-matter of the 1947 case, upon the firm furnishing him with certain security. The relevant part of the consent order affecting the present defendant reads as follows:

IT IS ORDERED that the 1st defendant abovenamed do deliver to the plaintiff herein the books of account, documents of title and negotiable instruments forming the subject matter of this suit upon the plaintiff furnishing security to the 1st defendant as contained in the letter from the plaintiff"s Solicitors to the 1st defendant's Solicitors dated 5 April 1948" (See Exh. AB49).

Some time on 12 August 1948, pursuant to the consent order, PRNN Firm deposited with the present defendant through their respective solicitors the requisite securities, namely the three titles as enumerated in the letter of the firm's solicitors dated 5 April 1948- the subject-matter of the present case. The present defendant, however, failed to hand over to the firm the key to the padlock of the box where the documents were kept. After due warning in writing to the present defendant's solicitors, the box was forced open and a new padlock was replaced by the firm's attorney. Arising out of the firm's action in forcing open the box, the present defendant took out contempt proceedings against the firm's attorney, who is the plaintiff in the present case. The motion was dismissed by Russell J and his grounds of judgment can be found in Exh. AB53. The present defendant appealed against that decision, but as he failed to furnish the requisite deposit for costs, his appeal stood dismissed.

When the 1947 case finally came out for final disposal on 23 February 1971, PRNN Firm's claim was dismissed, but the present defendant succeeded in his $9,292.77 counterclaim. The present defen