Hepworth J:

The plaintiff who resides at No. 461 Tranquerah Road Malacca, is suing, as Administrator of the Estate of his father Haji Mohamed bin Haji Hassan sometimes known as Mat Lembing (hereinafter referred to as the "deceased"). The defendant is a property owner residing at No. C2433 Klebang Kechil, Malacca.

The deceased had been the owner of the lands, the subject matter of this action, for many years prior to 1937 in which year he went to Mecca. On his return from Mecca in 1939 he was the subject of an acid attack as a result of which he became blind. The defendant, who was at the time a doctor in practice in Malacca, treated the deceased on this occasion. The defendant had been acquainted with the deceased for many years prior to 1939 but this was the first time he had acted as the deceased's doctor.

In October 1949 the deceased died and the plaintiff, his son, took out Letters of Administration to his Estate. The lands the subject matter of this action were not included in the Petition for Letters of Administration.

The plaintiff alleged that the first time he came to know about these lands not being included in the Petition was in 1957. He searched the regi