Brown J:

The facts of the case and the arguments sufficiently appear from the Oral Judgment:

In para. 3 of the Defence it is stated that since August 1947 the defendant has been residing in the front portion of the first floor of No. 10 Rowell Road as one of the sub-tenants of the plaintiff along with one Ram Naresh and six others with the knowledge and consent of the plaintiff.Thus his case upon his pleading is that he is a sub-tenant of the plaintiff.But his case in Court was that he was a sub-tenant of Ram Naresh.

The plaintiff is the tenant of the whole house.In March 1947 he sub-let the front portion of the first floor to Ram Naresh.The defendant's case is that in July 1947 Ram Naresh sub-sub-let a small part of this portion of the first floor to him.The "portion of the first floor" which the plaintiff sub-let to Ram Naresh is a hall some 25' 'd7 12'. Ram Naresh used this hall, to the knowledge of the plaintiff but in spite of a protest by him, for taking in lodgers.Some of the lodgers were temporary, who were passing through Singapore on their way to and from India.Some five or six others, of whom the defendant was one, were (according to the defendant) permanent.There were no partitions in this hall.The temporary lodgers slept on the floor.The permanent ones enjoyed the amenities of a charpoy and a box.It is the somewhat restricted space occupied by his charpoy and his box which the defendant says he holds on a contract of subtenancy (according to his pleading) or of sub-sub-tenancy according to his case in Court.

I can see no evidence whatever - and not even in the defendant's own testimony - of any such contract either between the defendant and the plaintiff or between the defendant and Ram Naresh.Of any contractual relationship with the plaintiff there is no suggestion (except in his pleading). And if there was any contractual relationship with Ram Naresh it was that of a lodger (one of many). He appears to have paid Ram Naresh $1.50 for the month of August 1947.There is no evidence of what further sums he paid (if any). I shall assess the mesne profits at $1.50 per month.

There must be judgment for the plaintiff for:

(1) Possession as claimed, possession to be given on or before 31 August;

(2) $12 mesne profits, at $1.50 per month for eight months;

(3) Costs.

Judgment for the plaintiff.