Ibrahim J:

This is an appeal against the decision of the learned president who dismissed with costs the appellant/plaintiff's claim for vacant possession of premises No. 17 Jalan Pauh, Tanah Merah, and damages for alleged unlawful occupation thereof.

The material facts were not in dispute. The land on which the said premises stood was a Malay Reservation land and at one time belonged to Koh Geok Chin who agreed to sell it to Fong Yew Chit and on the strength of that agreement Fong Yew Chit built the said premises. The approval of His Highness the Ruler in Council was however not obtained and as a result of that Koh Geok Chin allowed Fong Yew Chit to keep the said premises on the land on payment of ground rent of $60 per annum. Fong Yew Chit subsequently gave the said premises to his son Fong Eng Leong (DW2) who continued to pay the ground rents to the original and subsequent owners of the land. The land was transferred to various persons and on 2 September 1969 it was transferred from Ong Hau Tong to the appellant/plaintiff. Before that Ong Hau Tong and the appellant/plaintiff had on 2 November 1965 entered into an agreement (P2) by which Ong Hau Tong agreed to transfer t