Brakbah LP:

The plaintiff obtained judgment against the defendant in Sungei Patani Sessions Court Civil ActionNo. 22 of 1963 and in execution of the decree attached house No. 7-B, Kampong Bharu, Lunas. Chew Seok Tee, a Chinese lady (hereinafter called the objector) objected to the attachment on the ground that she was the owner of the sgd house. She gave evidence before the Sessions Court that on 25 June 1962, she purchased the house from the defendant who gave her a document of sale (Exh. P1). The learned president dismissed her objection. She then appealed to the High Court which allowed her appeal. The plaintiff now appeals to this Court.

The appeal was heard in Penang and we dismissed it, intimating that we would give written judgment later and we now do so.

The main ground of appeal is whether the building is a "Personal chattel" as defined under s. 3 of the Bills of Sale Ordinance, 1950. The learned Judge held that it was not a "personal chattel" and therefore Exh. P1 was not a bill of sale and s. 10 of the said Ordinance did not apply. With respect I agree with the learned Judge. Exh. P1 is a document acknowledging receipt of the purchase price of $2,500 and stati