Low Hop Bing JCA:

Appeal

[1] On 20 January 2000, the Ipoh High Court allowed the defendant's ("the association's") counterclaim with costs, and ordered the plaintiff ("the member") to deliver to the association vacant possession of the land held under LotNo: 12713 Siputeh Road (which upon subdivision was known as HS(D) Ka 617/74 Lot 191), in the district of Kinta, Tronoh town ("the land").

[2] The member's appeal is against the order for vacant possession made against him by the High Court.

Factual Background

[3] After a full trial, the factual background as found by the High Court may be unfolded below.

[4] The association, Persatuan Chung Loong, was registered under the Societies Act 1961 and is represented by its trustees.

[5] The association has been the owner of the land since May 1950.

[6] On 28 May 1950, the association passed a resolution authorizing the trustees to subdivide and lease the subdivided lots to members, including the member's father, to erect temporary buildings for a period of not more than five years, by paying a small monthly rental. In the 1960s, the member's father erected a temporary building thereon.

[7] In 1985, pursuant to another resolution of the ass