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 refe