ROBERTS, CJ.

BACKGROUND.

This claim began, as a relatively simple matter, before the Magistrates' Court, Lee Shing ("the plaintiff') seeking on 10/1/95 unpaid rent and mesne profits from 1st June 1994 until the date on which possession was delivered by Chong Ah Jew, also known as Johnny Chong Ah Jew "(the defendant").

The plaintiff subsequently added further sums, said to be owed to him by the defendant, in relation to electricity and water charges paid by the plaintiff on the defendant's behalf.

The property concerned was at No. 6, First Floor, Mas Pancha Wama Complex, Mile 1 1/4 Jalan Tutong, B.S.B. ("the premises").

The suit, however, became a matter for the High Court, as a result of the amended counterclaim of the defendant for a total of $85,850, a sum beyond the jurisdiction of either the Magistrates' Court or the Intermediate Court.

PLEADINGS.

The plaintiff claimed that he was the tenant of the whole of No. 6 Mas Pancha Wama Complex, including the premises, and that the owner of the whole of No. 6 was Y.T.M.P.S. Pengiran [Page 2] Anak Puteri Hajah Masna ("Princess Masna").

There was a verbal agreement between the plaintiff and the defendant whereby the plaintiff rented the premises to the defendant at a monthly rental of $2200, payable in advance at the beginning of each month, about September, 1993.

The defendant, however, failed to pay the monthly rent due for the months of June, July and August, 1994. It was later agreed between the parties that the defendant's tenancy of the premises should be terminated from the end of August, 1994.

In spite of this agreement, the defendant has failed to pay the outstanding arrears, or to remove his possessions from the premises.

The plaintiff claims $6600, being three months unpaid, rent, mesne profits at the same rate as the rent for the period from 1st September, 1994 until possession of the premises, plus interest and costs.

In addition, the plaintiff claims the reimbursement of $410.31, paid by the plaintiff during the defendant's occupation of the premises in respect of water and electricity charges.

The total amount of the claim is therefore $6,600 + $410.31 - $7010.31 plus a sum for mesne profits, with interest and costs.

By his defence, contained in an undated letter to the Magistrate, the defendant alleges that he was not a tenant of the plaintiff, but of Hj Jasmi bin Rusli ("Hj Jasmi") and Philip Teo ("Teo"). This tenancy was said to be evidenced by a written tenancy agreement dated 1st October, 1992.

The defendant admits that he did not pay rent for the months of June, July and August, 1994, but asserts that the plaintiff, not being the landlord, had no right to claim the rent for this period.

About 30/8/94 the plaintiff took possession of the premises without his consent, changing the locks on the doors and refusing to allow the defendant to remove his property.

Sometime in September 1994 the tenant told the defendant that he (Lee Shing) had decided to end the lease as from 31/8/94, agreeing verbally

(a) that all his possessions (which presumably included snooker tables) would be removed within 7 days; and

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(b) the rent due of $6600 would be settled after the furniture and other possessions removed by the defendant from the premises had been sold.

The locks were changed without his consent. When he asked Lee Shing for a key, the latter told him that all the possessions would be kept on the premises as security for the rent owed.

The amended defence and counterclaim contain two heads. The first is for $7350, the cost of repairing the three snooker tables, which were left on the premises and were owned by the defendant.

It is said that the plaintiff was negligent in failing to take proper case of these goods, due to a failure by the plaintiff to cover these tables properly.

The second is for a loss of profit by the defendant between 30th August, 1994 and 10th June 1994, when the tables were removed by him, and an additional 31 days required to put the t