Raja Azlan Shah Ag (MALAYA) CJ:

27 Birch Road, Seremban is an ordinary one-storey shop-house. It was built before 1948 and therefore subject to the Control of Rent Act. Prior to 1962 the appellant's father was the tenant of the whole shop-house. He carried on the family business dealing in textile and cosmetics under the style of Kwong Fatt on the round floor. The family lived on the first floor. In 1962 the appellant and the father jointly bought the said shop. They continued with the family business as before. On 27 July 1968 he entered into a written agreement with the respondent allowing the latter to occupy the front left one-half portion measuring 40 ft in length and a middle portion measuring 5'bd ft by 18 ft, both on the ground floor, for a period of 10 years from 15 September 1968 at a monthly rent of $170 payable in advance. It was also agreed that the respondent should share with the appellant and his family the use of the kitchen, bathroom and toilet which were situated at the back of the ground floor.

For a while all went well. The parties were on good terms. Although the key to the front door was always kept by the appellant, he was always ready and willing