Abu Mansor Ali JCA:

[1] On 21 July 1995 we struck out this appeal because we unanimously held that the appeal was not properly before us and we said we would give our reasons at a later date.

[2] The facts as found by the learned Judge were as follows:

Background facts

Rich's Supercentre Sdn Bhd ("the company") rented the premises described as Nos 1-21, Jalan Temoh, 41400 Klang, Selangor Darul Ehsan ("the premises") from the applicant at the rate of RM30,000 per month and car-park at the rate of RM3,000 per month. A tenancy agreement was executed between the parties on 17 November 1978 for a term of three years (see exhibit TSC-1). Under cl 3.03 the company deposited three (3) months' rental of RM90,000 with the applicant. By way of cl 7.02 the company is given the option to purchase the premises in the event the applicant, as the landlord, shall desire to sell the premises or any part thereof. In the purported exercise of the right under cl 7.02, the applicant vide letter dated 22 April 1989 gave the company one month's notice of option to purchase the premises. Apparently the company appeared to have not responded to the offer of option to purchase. The applicant then issued