Sir Harry Gibbs (delivering the judgment of the Board) :

This is an appeal brought pursuant to leave granted by the Federal Court of Malaysia (Appellate Jurisdiction) from a judgment of that Court which upheld an appeal by the present respondents against a decision of the High Court in Malaya given in an action brought by the appellant company against the respondents claiming delivery of possession of the ground floor (excluding the mezzanine floor) of the premises at No. 32 Jalan Silang, Kuala Lumpur, and certain ancillary relief.

By a Memorandum of Lease dated 19 May 1964, made between Lam Kee Ying and Lam Yoo Chu as lessors and Lam Shes Tong trading as Lian Joo Company (the first respondent) as lessee, the lessors leased to the lessee all the ground floor excluding the mezzanine floor of the building at No. 32 Jalan

Silang for the term of twenty five years from 1 May 1964 at a yearly rental of $6,000 payable monthly in advance at the rate of $500 per month. By cl. 1 of the Lease the lessee covenanted with the lessors inter alia as follows:

(g) Not to assign, underlet or part with the possession of the demised premises or any part thereof without the prior written con