Suffian J:

The land in dispute is Lot 485 in the Mukim Batu in Kuala Lumpur held under EMR 5831, 1 acre 3 roods 23.8 poles in area. Many years before the war it was registered in the name of Mr. de Silva as the sole proprietor. Before his death he transferred it to his three sons and in due course they appeared on the register as the proprietor each of a one- third undivided share.

In 1942 one of the brothers sold his share to the second plaintiff.

Another brother sold his share to Mrs. Wickramanayaka. In 1951 she sold her share including the family house of the de Silvas to the defendant.

The position then was that the first plaintiff (the sole surviving de Silva's brother). The second plaintiff and the defendant were registered proprietors of an undivided one-third share each in the land.

After his appearance on the scene the defendant proceeded to erect houses on the land.

After such erection, in 1955 the second plaintiff sold one-third of his undivided share to the third plaintiff and in 1956 another one-third to the fourth plaintiff.

The position at the time of this litigation is that the first plaintiff and the defendant are registered proprietors of a one-thir