JUDGMENT

I. APPEAL

This is an appeal by the appellant-defendant ("the defendant") against the decision of the learned

2

magistrate Alor Gajah who on 14 February 2003 ordered the defendant and all those claiming through or under the defendant to deliver vacant possession of the premises i.e. a double-storey shophouse at No. 4570, Jalan Besar Alor Gajah, Pekan Alor Gajah, 78000 Melaka ("the premises") erected in 1963 by the defendant on the land held under Registration No. 2240, Lot No. 141, Section 1, Alor Gajah town, Alor Gajah district, State of Melaka measuring 1600 sq. ft. ("the land") to the plaintiff within one month from the date of the order.

II. FINDING OF FACTS

The defendant is the ground tenant of the land, originally from the previous owner one Khoo Swee Neo at RM15 per month, and then at RM70 per month. The defendant occupied the premises until 1978 when he rented out some rooms.

3

Finally in 1980, the defendant rented the whole premises at RM450 per month to one Lim Tai Kee who has been using it as a restaurant since then.

Subsequently, Khoo Swee Neo transferred the land to her daughter Yau Lai Niu who sold it to the plaintiff on 12 November 1996 at RM50,000. The plain