Gill FJ:

Lai Ah Yan (f) and Chiang Peng Lam alias Chiang Kok Peng are the registered lessees of the land held under mining certificate No. 1517 for lots 3234 and 9648 in the mukim of Petaling in the district of Kuala Lumpur. Their predecessor in title, one Yap Shak Lin had sub-leased the said mining land to Lee Soo Chuan on 23 September 1967.

On 4 December 1970 the lessees lodged a memorandum in writing, under s. 99 of the Mining Enactment (FMS Cap. 147) at the office of the senior inspector of mines, Kuala Lumpur, complaining, inter alia, that the sub-lessee had not, contrary to the provisions of s. 16(iii)(a) of the Mining Enactment, commenced mining operations on the mining lot within a period of one year from the date of issue of the sub-lease, and seeking an order for the cancellation of the said sub-lease.

The complaint was registered as civil action No. 3 of 1970 in the Court of the senior inspector of mines at Kuala Lumpur, in which Lai Ah Yan (f) and Chiang Peng Lam were described as the complainants and Lee Soo Chuan as the respondent. As the action was in the nature of a civil proceeding, it will be more appropriate for me to refer to the parties hereafter