George Seah SCJ:

The only question raised in this appeal was whether the High Court was right to apply the principle of equitable estoppel to the facts of this case.

The relevant facts are that on 31 March 1962 an agreement in writing was entered into between Tan Kwan, the landlord (since deceased) of the one part and Hong Bee & Co., the tenants (respondents herein) of the other part, whereby the tenants were let into possession of the whole of the ground floor of the shop premises known as No. 171-D, Jalan Rahang, Seremban, at the monthly rental of RM170 as from 1 April 1962. Clause 2 provides that "so long as the tenants shall pay the monthly rental of the demised premises punctually and promptly on the first day for every month and in any event not later than the fourteenth day of any month, and strictly adhere and abide by the terms and conditions contained herein, the tenants shall enjoy uninterrupted occupation of the demised premises, and the landlord shall not hinder, obstruct or determine the tenants' right to such enjoyment under circumstances". This agreement shall be binding on the heirs, executors, administrators and assigns of the landlord and also on the suc