Salleh Abas FJ:

The respondents sued the appellant in Magistrate's Court Johore Bahru for delivery of possession of their land held under agricultural lease No. 271 Lot 2593 situated at Senai Village together with a house erected thereon. The house belongs to the appellant, who was the ground tenant of the respondents. The suit was based on a notice to quit requiring the appellant to deliver up possession of the premises by 31 May 1975, and the notice was served on him on 11 June 1975. The appellant resisted the suit on the ground that the notice was bad in law and therefore had no effect and alternatively he was a tenant who had a tenancy coupled with an equity. The learned Magistrate who heard the case gave judgment in favour of the appellant and on appeal to the High Court Mr. Justice Anuar reversed the ruling of the learned Magistrate. He held that the notice to quit was a perfectly good notice. He also rejected the Magistrate's finding that the appellant had a tenancy coupled with an equity.

The facts of the case are as follows: The land in question was originally owned by a Malay named Tengku Ngah Syed Mahthar bin Mohammed @ Syed Mahathar bin Mohd. Shahab. It was sol