KC Chan J:

Grounds 1 and 5 - The Control of Rent Ordinance 1956 came force on 1 July 1956 The appellant paid rent to the respondent on 10 July 1956 but that was in respect of the period 10 June to 9 July 1956 rent being payable in arrear.Therefore the 1956 Ordinance does not apply to this tenancy. s. 12(1)(j) of the 1956 Ordinance refers to monthly tenancy, so the tenant could not have received the rent to which this paragraph applies.The purpose of the Control of Rent Ordinance is the protection of one section of the public from the other. b Odgers' Construction of Deeds & Statutes, 3rd Edn p. 318 Croxford v. Universal Insurance Co [1936] 2 KB 253.

A statute must be construed in favour of the class of persons for whose protection it was passed. Woon Guat Chin (f) V. Lim Sian Poon [1954] 1 MLRH 17, [1954] 1 MLJ 184 .In the present case, rent was not "due" The notice to quit was given on 11 August 1956.Before the notice was issued the appellant had not been receiving rent.

Ground 2 - The respondent purchased the property and became landlord on 1 August 1956 The alleged breach took place before the respondent became the owner and landlord.His predecessor in title never took