Wira Wan Yahya bin Pawan Teh:

This is an appeal by a tenant against the decision of the learned Magistrate ordering him to quit and deliver up vacant possession of a portion of the land known as Holding No. 45 Village of Tanjong Kling, Section II, and premises No. C 8592, Tanjong Kling, Melaka and arrears of rental in the sum of RM1,000 and costs.

I am informed that the outcome of this appeal would affect a number of cases and the parties have agreed that this would be the test case and as such the decision of this appeal would also be binding on the other cases.

The respondent became the registered owner of the land in question measuring about 22 acres 1 rood 0 pole, now subdivided into 200 sub-divided building lots, in 1979 when he purchased it from the Estate of Seet Kee Ann. Though the respondent became the registered owner in September 1979, it was not until the "Notice to Quit" dated 23 February 1985 (P59 of Appeal Bundle) that the appellant became aware of the change of ownership, almost a lapse of six years. The appellant has been living on the land paying a ground rent of RM12 per month to the previous landowner. Previous to that, the appellant's late father had