Abdul Malik Ishak J:

[1] Miss A Navamani, the learned Counsel for the appellant, orally applied for these two cases that came by way of an appeal from the decisions of the Senior Assistant Registrar ('SAR') to be consolidated and heard together. I acceded to her request as I was told that the Counsel for the respondent was amenable to this idea. These two cases were appeals from the decisions of the SAR who refused to grant summary judgments against the respondents for RM337,616.12 for civil suit no: 22-15-1990 and for RM380,497.66 for civil suit no: 22-16-1990. The arguments advanced by the parties for these two cases were based on similar grounds and I shall deal with each of these cases in sequence.

Civil Suit No: 22-15-1990

[2] In a nutshell the facts were as follows. By a lease agreement dated 2 June 1988, the appellant as lessor leased to Rextex Rubber Products (M) Sdn Bhd ('Rextex') as lessee one new unit of an Automatic Latex Dipping Machine Model NCH C/W Accessories ('the said machine') for a period of 25 months commencing from 2 June 1988 and in consideration thereof 'Rextex' covenanted and agreed, inter alia, to pay the appellant the total sum of RM393,750 by way of