Wan Yahya J:

This matter arose from an originating summons filed by the plaintiff seeking a declaration for the true construction of a lease.

On 4 August 1969 the plaintiff's predecessor in title and father leased to the defendant Holding No. 13 in the Mukim Village of Merlimau in Jasin District together with the premises erected thereon for a fixed period of 59 years with effect from 15 August 1969 and terminating on 14 August 2026. Clause 2 of the Annexure to this lease states that the monthly rental for the premises was $140 per mensem payable in advance on or before the 29 of each calendar month

By cl. 5 the parties stipulated further on the rent as follows:

5. In the event of the assessment being increased by the Government during the unexpired term of the lease the lessee agrees and undertakes to increase the rent payable to the lessor in proportion to the increase of the assessment.

The yearly assessment rate was increased from $86.40 to $129.60 by the District Council with effect from 1 January 1976. The new assessment represented a 50% increase from the old rate.

The plaintiff contends that his monthly rental should be proportionately increased by 50%. The de