JUDGMENT

KC Vohrah J:

This suit was filed in the High Court in Kuala Lumpur in 1979 and on the application of the plaintiff was transferred to the Temerloh High Court where it was registered in 1985.

Slightly more than 6 decades ago, in 1924, two plots of land, now amalgamated into one, were transferred to one "Lee Yeak." The transferor in both cases was Goh Ching. One of the main questions now is whether she transferred both the lots to her husband, Lee Chan, or to their son, Lee Teow Kee.

Goh Ching is now dead. And so too are her husband Lee Chan and their son Lee Teow Kee. The plaintiff asserts that Lee Chan was known as "Lee Yeak" or "Lee Aik" and that the amalgamated property was therefore Lee Chan's. The defendant disputes that and says that Lee Teow Kee, his father, was known as "Lee Yeak" or "Lee Aik".

Lee Chan died intestate in 1931. When letters of administration in respect of this estate were granted to his widow Goh Ching and their son Lee Teow Kee, this amalgamated property, EMR 1315. Lot 1522 in the Mukim of Mentakab, District of Temerloh, did not appear in the list as one of the assets of Lee Chan's estate.

In respect of this the plaintiff pleads in para. 5 of this s