JUDGMENT

Akhtar Tahir J:

Introduction

[1] The 4th Defendant appealed to this Court against part of the decision of the learned Sessions Judge hearing a tenancy dispute between the Plaintiff and the Defendants.

[2] The appeal is against the decision of the Judge ordering the return of the rental deposit to the Plaintiff.

Facts

[3] The Plaintiff had paid a sum of RM65,000 to purchase shares in the 3rd Defendant a limited liability company. However the shares were not transferred to the Plaintiff.

[4] Meanwhile the 3rd Defendant had entered into a tenancy agreement with the 4th Defendant to rent a 15 stories building at Persiaran Dutamas, Kuala Lumpur ("the premises").

[5] On the promise by the 1st Defendant to sell the entire share in the 3rd Defendant, the Plaintiff had paid a sum of RM115,550.00 as a rental deposit for the tenancy of the premises.

[6] On a termination of the tenancy the 4th Defendant insisted to return the deposit to the 3rd Defendant as a party to the tenancy agreement despite knowing that the deposit had been paid by the Plaintiff.

[7] The learned Sessions Judge allowed this deposit to be returned to the Plaintiff instead of the 3rd Defendant and hence this appeal.

The Issu