Gill CJ:

[1] This is an appeal by the defendant in the action from an order of Abdul Hamid J granting leave to the respondent as plaintiff to enter final judgment on his claim against the defendant for the recovery of vacant possession of factory premises situate on land held under QT(R) 1107 for Lot No PJ 2143/62 in the township of Petaling Jaya (hereinafter referred to as "the premises".)

[2] The facts of the case are that the defendant was formerly the registered owner of the premises, and of another piece of land with a dwelling house thereon in the township of Kuala Lumpur. Under an agreement dated June 1, 1970 he obtained a loan of $130,000 from one Chooi Mun Sou. As collateral security for repayment of the loan, he deposited with the lender his documents of title to the premises and the other piece of land, together with two blank transfer form duly executed by him.

[3] The loan was to be repaid together with interest thereon at 10% per annum within 3 months, failing which the agreement empowered the lender to sell the said lands or any one of them either by public auction or by private contract so as to realise an amount sufficient to repay the loan together with inter