Gunn Chit Tuan J:

This action by the plaintiff was commenced by a writ of summons dated 11 September 1971. In the statement of claim dated 24 September 1971 he claimed against the defendant for -

(1) A declaration that the plaintiff is a tenant of the defendant entitled to protection of his tenancy under the provision of the Control of Rent Act 1966, in respect of such parts of the premises No. 43 Penang Street, Penang as are rented to the plaintiff by the defendant, i.e.

(a) the whole of the ground floor of premises No. 43 Penang Street, Penang.

(b) a room on the first floor of the said premises including the right to common use of the hall and other conveniences on the first floor by the plaintiff, the members of his family and his customers of the eating shop.

(2) Damages for breach of terms of oral agreements made in or about the early part of May 1970 and written agreement dated 31 July (sic) and made between the plaintiff of the one part and defendant of the other.

(3) Compensation for loss and damage suffered by the plaintiff by the defendant's illegal acts of obtaining warrant of distress dated 8 March 1971 and wrongfully acting thereon to the detriment of the