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1987 MarsdenLR 807

SITI NORMA YAAKOB
CAXTON (KELANG) SDN.BHD. – Appellant
Versus
SUSAN JOAN LABROOY – Respondent


Advocates:
For the plaintiff - M.S. Murthi; M/s. Murthi & Partners
For the defendants - A.J.Dason; M/s. Dason & Co.

JUDGMENT

Siti Norma Yaakob J:

In this suit, the plaintiff, a company dealing in the business of printing press and the sale of stationeries seeks 2 declaratory orders namely

1. upon the true construction of Clause 6(e) of an agreement dated 5 July 1984, it is entitled to occupy No. 20, Jalan Station, Kelang (the premises) as a tenant of the defendants at a monthly rental of RM300, until such tenancy has been lawfully terminated and that the defendants are estopped from contending otherwise.

2. for so long as the tenancy is in existence, the defendants have no right to re-enter or repossess the premises other than in proceedings under the Control of Rent Act 1966 as the premises is rent-controlled.

The undisputed facts show that the plaintiff had been in occupation and conducting its business at the premises long befor 5 July 1984. At that time, all the shareholdings in the plaintiff were owned by the defendants and their parents but the freehold title of the premises were and are still registered in the joint names of the defendants. However, on 5 July 1984, all the 4 shareholders of the plaintiff sold their equitable interests to 2 persons namely, Joseph De Silva and Tan Boon Lai,

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