Peh Swee Chin J:

In what appeared to be, at first sight, a simple and straightforward case, this case does reveal a few points of some interest and importance when dealing with the question of mitigation of losses later.

The following facts are not in dispute. The plaintiff, the registered owner of land with a factory building in question, entered into a written agreement (AB1, pp. 1 to 6) with the defendant whereby the latter was granted a tenancy for a term of three years commencing from 12 October 1974 and ending on 11 October 1977 at the monthly rental of RM5,928.75. I shall hereafter refer to the plaintiff as landlord and the defendant as tenant. Under the agreement of tenancy, the tenant was required not to do anything, which may be a breach of any of the express conditions endorsed on the document of title under which the land with the building thereon was held. The express conditions referred to were set out in a schedule annexed to this agreement. I will set out only two of such express conditions as relevant to the case:

(i) The lessee shall within two years from the date of issue of this title or within such further term as may be approved by the State Authority