Mohd Azmi SCJ:

[1] This is an appeal against the decision of Edgar Joseph Jr J who upheld an order of vacant possession dated 4 November 1981 granted to the respondents by Puan No Mooi Ching, the Magistrate of George Town, Penang. The order relates to vacant possession of that portion of Holding No 18 Town Subdivision 9W, North East District, Penang, on which stood an unnumbered plank house erected by the 2nd appellant's late husband by the name of Koniah, and now owned and occupied by her together with her son, the 1st appellant. The respondent's claim is based on a notice to quit issued on the 1st appellant requiring him to vacate the respondents's land within one month from 2 August 1974, and on another notice to quit issued on 3 April 1980 requiring the 2nd appellant to quit the land forthwith for trespassing. Both the appellants refused to comply with the said notices. Hence the suit taken against them.

[2] Before the learned Magistrate, two main issues were canvassed by the appellants for the purpose of establishing that they were protected by the Rent Control Act 1966. The first issue was whether the house was built before or after 31 January 1948, and the second issue