JUDGMENT

Sharma J (delivering oral judgment):

The plaintiff is the Commissioner of the Municipality of the Town and Fort of Malacca. The Municipality are the owners of premises known as Quarters No. 116 Jalan Bukit China, Malacca (hereinafter referred to as the quarters).

The defendant was an employee of the plaintiff and the said quarters were allotted to him by reason of his employment with the Municipality. This is admitted in para. 1 of the defence. The defendant joined service with the Municipality on 1 July 1938. According to the record of his service (exh. P7) he was twenty five years of age at that time. He had come from India with his father and brother (DW5). He did not have with him any certificate of birth at that time. The defendant questions the veracity of the entry made in P7 showing his age as 25 in 1938. It is, however, not conceivable how such an entry could have been made unless the defendant himself represented to his employer at the time of his employment that he was 25. He could serve the Municipality up to the age of 55. If he was twenty five in 1938, he must have been born in 1913 which meant that he could remain in the employment of the Municipality up to