Chong Siew Fai J:

This is an application by the 2nd and the 3rd defendants to set aside the "judgment in default of defence" dated 7 October 1985 obtained by the plaintiffs against the 1st, 2nd and 3rd defendants. Under the judgment, the 3 defendants were ordered to give up to the plaintiffs certain portions of the shophouse as therein defined (these portions are hereinafter referred to as `the premises'), to pay the plaintiffs mesne profits at RM9,000 per month from 1 June 1985 till possession is delivered up and costs RM255.

The basis of the plaintiffs' claims as disclosed in the statement of claim is that they are the registered proprietors of the shophouse, that the 1st defendant was their monthly tenant respecting the premises, that the 2nd defendant-firm of which the 3rd defendant is the sole proprietor is the sub-tenant of the 1st defendant, that the tenancy of the 1st defendant having been duly terminated on 30 June 1985 by a notice to quit dated 24 May 1985 and the defendants wrongfully remaining in occupation of the premises, the plaintiffs are entitled to the reliefs as claimed in the action. The plaintiffs did not aver or show what the monthly rental for the te