DATO PARDIP KUMAR KUKREJA & ANOR vs VELL PAARI SAMY VELLU

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2015 MarsdenLR 132

COURT OF APPEAL PUTRAJAYA
DATO PARDIP KUMAR KUKREJA & ANOR – Appellant
Versus
VELL PAARI SAMY VELLU – Respondent

Petitioner Advocates:Zainur Zakaria ,Respondent Advocate: Prem Ramachandran

Table of Content
1. facts leading to the tenant's obligations under the agreement. (Para 3 , 4 , 5 , 6 , 7 , 8)
2. defendants challenge their liability and evidence of breaches. (Para 10 , 12 , 13 , 14 , 15 , 16)
3. court's reasoning regarding proof and liability. (Para 11 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29)

Vernon Ong Lam Kiat JCA:

Introduction

[1] The 1st and 2nd defendants' appeal herein relates to the decision of the High Court allowing the plaintiff's claim on liability for breach of a tenancy agreement and for the tort of conversion and for damages to be assessed before the Registrar.

[2] In this judgment, the parties shall be referred to as they were in the Court below.

The Salient Facts

[3] The plaintiff is the owner of a hotel known as Hotel Alamanda in Kuala Terengganu.

[4] Pursuant to various meetings between the plaintiff, one Gurcharan Singh, the 1st defendant and the 1st defendant's general manager one Sugumaran a/l Rajaram, the parties reached an oral agreement in February 2000 whereby the plaintiff would lease the hotel to the 1st defendant and/or his company for a monthly rental of RM6,000.00. The rental was substantially lower than the market rate of RM12,000.00 t

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2015 MarsdenLR 132

COURT OF APPEAL PUTRAJAYADATO PARDIP KUMAR KUKREJA & ANOR – AppellantVersusVELL PAARI SAMY VELLU – Respondent

Cases Referred (2)

COURT OF APPEAL PUTRAJAYA
DATO PARDIP KUMAR KUKREJA & ANOR – Appellant
Versus
VELL PAARI SAMY VELLU – Respondent