JUDGMENT

Chang Min Tat J:

This is an appeal from the decision of Abdul Hamid J given on 28 October 1974. On a summons in chambers made ex parte by the respondent PL Chidambaram Chettiar acceding to the application for the sum of $14,264.70 deposited by the appellant into Court to be released to him as claimant. Though made ex parte, the appellant made himself available both in chambers and in open Court on adjournment thereto and he was at all times heard.

The sum of $14,264.70, the subject-matter of the application was said to be part of the sum of $27,800 paid to the defendant as far back as 15 May 1970. It represented the balance of the proceeds of sale of land held under Certificate of Title No. 10,003 in Jalan Pantai Bahru, in the State of Selangor, registered in the name of Haji Ahmad bin Haji Abdullah, now deceased, of whose estate Omar bin Haji Ahmad was the administrator de bonis non. It was alleged that together with the sum of $27,800 were deposited also six title deeds.

On 3 January 1973 this Omar bin Haji Ahmad, as such administrator and Harun bin Haji Yunus, as administrator of the estate of Aishah binti Haji Abdullah caused a writ to be issued against the appellant