JUDGMENT

Suriyadi JC

[1] On 12 December 1994 the magistrate's court in Melaka allowed a vacant possession action by the plaintiff without cost. The background of the case was that a deed of assignment was signed between the plaintiff and the defendant on 9 March 1981. Among the provisions of the agreement was that the plaintiff as the registered owner of Lot 66 Kawasan Bandar XXXVI on which premise stood a house addressed as No 90 Jalan Semabok Melaka assigned to the defendant the said premise for RM10,000. The plaintiff in another separate document which bore the same date agreed to let the said premise at a monthly rental of RM15 to the defendant. Twelve years later, on 28 May 1993, the plaintiff terminated the tenancy and directed the defendant to vacate that land by 30 June 1993 but had failed to do so. The plaintiff vide Summons No 1446-1993 demanded for an order of vacant possession of that said land, mesne profits at RM17 per month from 1 July 1993 until the determination of this case, damages and lastly cost.

[2] The defendant on 29 November 1993 submitted their defence and counterclaim with the agreement of 9 March 1981 as their main weapon. The defendant alleged that the pl