JUDGMENT

Gill (Malaya) CJ:

This appeal arises from an action in the Sessions Court at Kuala Lumpur between the appellant, Kalimuthu alias Papa d/o Marimuthu, as plaintiff and the respondent, S Kandiah, as defendant. The plaintiff's claim against the defendant was for recovery of vacant possession of house known as No. 36A- 2. Jalan Langgok, Bukit Setapak, Kuala Lumpur.

The house in question was built in 1954 or 1955 by the defendant's father, M Subramaniam, at his own expense on a portion of the land held under Certificate of Title No. 4284 for Lot 2 s. 6, Setapak, Kuala Lumpur with the consent and approval of one Maros bin Malim Suleiman who was the then owner of the land, apparently on the understanding that Subramaniam was to pay Maros a monthly sum of $28 by way of ground rent and assessment. Maros died in or about the year 1956, whereupon Subramaniam continued to pay ground rent and assessment to Ahmad bin Maros, a son and one of the next-of-kin of Maros.

By an agreement dated 14 February Ahmad, as one of the beneficiaries of his father's estate, agreed to sell to Subramaniam for $3,700 the portion of the land, measuring 45 feet by 50 feet, on which the house stands, a sum o