JUDGMENTBY: THOMSON CJ, HILL JA, GOOD JA

THOMSON CJ The plaintiff in this case is a landowner residing in Kuala Lumpur and the defendants are a limited liability company carrying on the business of mining.

On 20th June, 1952, the parties executed an agreement in writing. That agreement purported to be for the hiring by the plaintiff to the defendants of certain specified items of mining machinery. The hiring was to be for a period of twelve months. Rent was payable at the rate of $ 2,500 a month payable monthly in arrear and there was provision for the payment of interest on rent not paid on the due date. There was provision for the owner to retake possession of the machinery in the event of non-payment of rent or breach of other provisions of the agreement.

On 30th June, 1954, the plaintiff commenced proceedings against the defendants in Civil Suit No. 272 of 1954. The plaint related that the plaintiff was a landowner and that by the agreement of 20th June, 1952, he had let certain machinery on hire to the defendants for a term of twelve months at a rent of $ 2,500 a month. That agreement had been continued after the expiration of twelve months and there was now owing under it

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