Ong Hock Thye CJ (Malaya):

This is an appeal by the tenant of premises No. 33A Newcome Road, Malaccaagainst the decision of the High Court in Malacca, ordering him to give up vacant possession to the landlords, respondents herein.

The sole question to be determined is whether, in the circumstances of this case, the premises were held under a monthly tenancy or from year to year.

There is no controversy regarding the facts and findings of fact of the trial Judge. In 1958 these premises were let by one Toh Kim Soon to the appellant, under an agreement in writing, for a term of 80 years at "a monthly rent of $100." Under the agreement the appellant was "entitled to make use of the house rented to him for carrying on any type of business for 80 years" and pursuant thereto he set up therein a beauty parlour. In 1964 the respondents became landlords, in success on to Toh, by purchase of the premises and on 1 March 1966 they gave notice to the appellant terminating his "monthly tenancy ..... on 30 April 1966 or at the end of the period of the tenancy expiring next". Upon expiry of the month's notice the respondents commenced action on 9 May 1966 in the High Court and an order f