VC George JCA:

[1] The focal point on which this appeal turns is the effect of the option clause in the written three-year tenancy agreement dated 15 June 1991 in respect of the Wisma Sime Darby Car Park owned by the appellant landlord which the respondents, Wilson Parking, were occupying and operating as tenants and in respect of which inter alia they were to provide all necessary equipment for the smooth operation of the car parking facilities. The option clause is s 8.07 which is as follows:

Section 8.07 - Renewal of Tenancy

The Landlord shall, on the written request of the tenant made three (3) months before the expiration of the term hereby created and if there shall not be at the time of such request any existing breach or non-observance of any of the covenants on the part of the tenant hereinbefore contained, grant to the tenant a tenancy of the Demised Premises for a further term of three (3) years from the expiration of the said term at a rent to be agreed but otherwise containing the like covenants and provisions as are herein contained with the exception of the present covenant for renewal.

[Emphasis Added]

[2] Wilson Parking had well within the three months before th