Ong (Malaya) CJ:

Since 1 October 1951 the appellant was a monthly tenant of premises No. 145, Jalan Kota Taiping, let to him under an agreement in writing which provided that, so long as he paid the rent reserved and observed the several covenants and stipulations therein contained, he should peacefully hold and enjoy the demised premises during his tenancy, but that if the rents should be unpaid for 14 days or if any of the covenants on his part should not be performed or observed then "it shall be lawful for the landlord at any time thereafter to reenter upon the premises ... and thereupon this tenancy shall absolutely determine...".

The monthly rent initially was $250, which had been raised to $315 at the commencement of this action. The respondent landlord claimed repossession of the premises, not on the ground of any default by his tenant, but merely on the ground that by notice to quit he had duly terminated the tenancy. The writ in the action was specially indorsed and upon application by the respondent for leave to sign judgment, the appellant was granted unconditional leave to defend. This decision of the senior assistant Registrar was reversed by the Judge on