Ajaib Singh J:

This was an appeal from the decision of the learned magistrate ordering the appellant to deliver to the respondent vacant possession of land comprised in HS(D) 1089 PT No. 7 in the District of Seremban. In the statement of claim filed in the lower court the respondent averred that she was the registered proprietor of the land concerned which was alienated to her by the state authority. She averred further that the appellant had occupied a hut on the said land and alleged that the appellant was a trespasser. She had made several verbal requests and demands on the appellant to quit the land but he had failed to do so. Thereafter on or about 5 January 1973 the respondent issued a notice to the appellant to quit her land within two weeks from receipt thereof but the appellant had failed to comply with the notice to quit and she alleged that she had thus been deprived of the use of the land which the appellant had unlawfully occupied and that she had thereby suffered damage. She accordingly claimed vacant possession of the land, damages and costs of the action.

In his amended defence filed in the proceedings the appellant denied that the respondent was the regis