Thean J

This appeal arose out of an action brought by the 1st respondents in the District Court against the appellants and the 2nd respondent for recovery of vacant possession of the ground floor of a two-storey shophouse, known as No. 71, Kampong Bahru Road, Singapore. The 1st respondents are the owners of the premises, which are premises within the meaning of the Control of Rent Act (Cap. 266). Their predecessors in title granted to one Tay Ping Kee, since deceased, a monthly tenancy of the said ground floor ("the said premises") at a monthly rent of $40 per month initially and subsequently at $25 per month which was later raised to $26 per month. The appellants are the administrators of the estate of Tay Ping Kee deceased. The claim for possession of the said premises was founded on two grounds, namely:——

(i) that the said Tay Ping Kee deceased sublet or parted with possession of the said premises to the 2nd respondent in breach of a covenant not to assign, sublet or part with possession of the said premises or any part thereof without the prior consent of the owners, and

(ii) that the said Tay Ping Kee deceased received in respect of the subletting rent in excess of the a