JUDGMENT

McGilligan J:

The evidence offered at the hearing of this case was almost ridiculously scanty and inadequate. This is a "timber" case, but far from not being able to see the wood for the trees, it was exceedingly difficulty to find any trees (metaphorically speaking). It seems quite possible the Court is not in a position to discover the true state of affairs in this matter. However, the Court can go only on the evidence before it, and on that evidence I find the facts to be those set out in the following paragraphs.

The defendant, Tuai Rumah Enting, is the representative of, or trustee for, a certain community, that is the people (including himself) of a longhouses (or of more than one longhouses) in the Sungei Rongan area of the Third Division in respect of lands in that area communally owned by the said community, or rather (to state it correctly and as I presume it must be) in respect of lands in that area in which the said community has communal customary rights. These lands I shall from now on call the said lands.

On 28 September 1962 the defendant entered into a written agreement with the plaintiff. That agreement, which was duly executed and stamped, reads as fol