Salleh Abas CJ (Malaya)

(delivering the judgment of the Court): This is an appeal from the decision of the learned Judicial Commissioner, Seremban, which itself arose from the decision of the Seremban Magistrate giving judgment for the appellant/plaintiff. The facts are as follows:

The appellant is the holder of a temporary occupation licence (TOL) in respect of a piece of land held under L.T.S. No. 1544 of Mukim of Rasah, Seremban. The TOL was originally issued to her husband, but after his death, the Seremban Collector of Land Revenue has since September 10, 1974 issued it to her. Two houses were built on the land, one of which was built in 1974after the death of the appellant's husband. This house is now in occupation by the respondent. The appellant claims that the house was built by her and that she gratuitously allowed the respondent to live in it for two months only commencing October 20, 1974 and that she wanted him to vacate the premises by December, 1974. When he refused to do so, the appellant through her solicitors sent a notice dated February 21, 1976 to the respondent to quit. As the notice was ignored by him she sued the respondent for delivery of vacant possession o