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1986 MarsdenLR 865

ABDUL HAMID, SEAH, SYEDIL BARAKBAH
ZAINAL ABIDIN – Appellant
Versus
CENTURY HOTEL SDN BHD – Respondent


Advocates:
For the appellant - Sri Ram (Manjit Singh with him); Sri Ram, Zulkifly & Kumar For the respondent - Raja Abdul Aziz Addruse (Tang Kien Onn with him); Ariff & Co. UnreportedZAINAL ABIDIN V. CENTURY HOTEL SDN BHD

Seah SCJ:

The respondent operated a hotel called Abad Century Hotel at No. 32-34, 2 1/2 mile, Jalan Kelang, Kuala Lumpur until it was closed down on 30 August 1981. On 6 September 1980 the respondent entered into a tenancy agreement in writing with the appellant whereby the respondent sublet the third floor of the hotel containing seventeen rooms (hereinafter called the demised premises) to the appellant for a period of three years with effect from 1 November 1980 at a monthly rent of RM12,000 and a further agreed payment of RM2,000 per month for water and electricity supplied to and consumed in the demised premises. The appellant duly went into possession and operated a recreation or health centre in the demised premises in accordance with the term of the tenancy agreement. This the appellant continued to do so until 7 August 1981 when the security guards engaged by the respondent prevented the appellant and his partner from gaining access to the demised premises. On 10 August 1981 the respondent addressed a letter marked as Ex. P5 to the appellant in the following term, viz.

Re Closure of Century Hotel

We wish to advise you that the hotel will cease operation as at 30 August 19

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