JUDGMENT

Mohd. Azmi FJ:

On 31 October 1974, the respondent Mau Yoon Swee (Mau for short) filed a claim with the Commissioner of Land Titles under s. 53(1)(a) National Land Code (Penang and Malacca Titles) Act, 1963 in respect of a piece of land comprised in Lot 114, Town Area XXXVII Malacca, on which stood two houses known as No. 160 and No. 161, Ujong Pasir. During the British Military Administration in 1948, he claimed to have purchased the said land from Chew Chiang Seng (Chew for short) by sale agreement for £500 (British currency). Chew died on 30 July 1971 without registering the Deed of Sale under Mutations in Titles to Land Ordinance (SS Cap. 126). In his Form E claim, Mau mentioned the personal respresentatives of Chew as persons who might be involved with his claim. On 17 October 1975, through their solicitors Chew's widow (Sin Sian Hong) and his son (Chew Loke Ann) an administrator of the estate of Chew filed an objection against Mau's claim. In view of the conflicting claims the Commissioner exercising his power under s. 31 entered an endorsement with the words "title not clear" in the Interim Register and proceeded to hold an enquiry under s. 54(2) of the 1963 Act. At the conclusion of the enquiry held on 29 March 1976, the Commissioner was satisfied on the evidence before him, that Mau had a pre-existing interest in the disputed land, and had accordingly cancelled the endorsement "title not clear" and entered the name of Mau as proprietor in the Interim Register. The administrators of Chew's estate appealed to the Land Titles Appeal Board which allowed the appeal with costs on 29 April 1977 and entered the name of Chew instead of Mau as the proprietor in the Interim Register. Mau then appealed to the High Court in Malacca against the order of the Appeal Board in reversing the Commissioner's order. The High Court allowed the appeal and restored the Commissioner's order in favour of Mau. The administrator of Chew's estate have now appealed to us against the said order of the High Court.

From Mau's Form E claim dated 29 October 1974 and as well as from submission of counsel made before the Appeal Board and High Court, it is obvious that his claim to pre-existing interest in the land was based on the purchase of the land from Chew in 1948 or alternatively based on adverse possession. Mau set up his claim before the Commissioner in the following four paragraphs:

1. Some time before the Japanese Occupation I rented the house No. 160, Ujong Pasir, Malacca from the owner TAN SWEE PONG. The house No. 160 and another house No. 161 are erected on a part of the above land which was owned by a different person.

Later TAN SWEE PONG sold the two houses and I purchased them from the last owner, some time around 1943. I am still the registered owner of House No. 160 where I am still residing.

2. About two years after the British Occupation I purchased the said land from the then owner Chew Chiang Seng for the sum of £500 in British currency and I was handed all the Title Deeds dating from 1899 in respect of the said land. A Sale Agreement was made but this Agreement is now lost.

3. Since the purchase of the said land I have been in undisturbed possession thereof and have been enjoying the rents and profits derived therefrom. I have been regularly paying the quit rent of the said land.

4. Some time in 1965 I was advised by friends to make a Statutory Declaration which I did to protect my rights and interest in the said land.

But we do not propose to dwell deeply on the argument of adverse possession since before us it has rightly been conceded by counsel for Mau that Mau's claim of"Pre-existing interest" under s. 53(1)(a) must necessarily be based on the 1948 purchase of the land from Chew and both on facts and law his claim cannot be based on adverse possession. In Ejas Ali Qidwai v. Court of Wards, Balrampur Estate [1935]AIR PC 53; 154 IC 27(PC), it was held by their Lordships of the Privy Council that the principle of law firmly