Abdul Malik Ishak J:

Introduction

Luggage Distributors (M) Sdn Bhd (hereinafter referred to as 'Luggage') is the registered proprietor of a three storey shophouse at No: 12, Jalan Telawi Dua, Bangsar Baru (hereinafter referred to as the 'shophouse') held under Geran No: 890, Lot No: 22592 in the District of Kuala Lumpur (hereinafter referred to as the 'land'). That is the most sought after address in Kuala Lumpur. The defendants were desirous of renting the ground floor of the shophouse and so, on 8 July 1993, the defendants entered into a tenancy agreement with Luggage for a period of two (2) years and with an option for a further period of two (2) years as reflected in exh. 'T4' of encl. 11 at p. 81 thereto.

On 24 November 1993, Luggage entered into a sale and purchase agreement with Quill Construction Sdn Bhd the present plaintiff, wherein Luggage sold the whole shophouse and the land thereto to the plaintiff. The sale and purchase agreement can be seen in exh. 'T4' of encl. 11 at p. 59 to p. 66 thereof. It was an express term that the sale was subject to, inter alia, the defendants' tenancy and as such without vacant possession. Recital 'E' of that sale and purchase ag