Gopal Sri Ram JCA:

[1] This appeal concerns the issue of the presumptions that arise in equity when property is purchased in the name of another. The parties to this appeal are a man and a lady. They are not husband and wife. The lady is what lawyers refer to as a "common law wife", an expression that perhaps sounds better than "mistress". But in truth that is what she was - the plaintiff's mistress. The lady is the defendant; the man the plaintiff. The property in question is a dwelling house in Johor Bahru. It was bought and paid for by the plaintiff, a multi-millionaire. He paid RM61,000 for it. He had it registered in the defendant's name. The defendant lived in it. Later, the plaintiff sued to recover the house. He succeeded in the High Court. The defendant appealed to us. We allowed the appeal. The reasons for our decision are now produced.

[2] First the facts. The relationship between the parties dates back to the late 1960's when the plaintiff met the defendant in Singapore. She was a mere child - in her late teens. He was in his thirty's: a successful businessman no doubt equipped with all the wiles that go to make one successful in the world of commerce. He became i