Siti Norma Yaakob JCA:

[1] The present proceedings stem from a civil suit initiated by the appellant against the respondent and the trial of the suit is a test case for 116 other cases brought by various persons who share similar claims like the appellant against the same respondent.

[2] The appellant is the occupier of premises built by the respondent on a piece of land known as Lot PTD 7244, in the Mukim of Johor Bahru, District of Johor Bahru, State of Johor, covering an area of about 79 acres. The land originally belonged to the State Government of Johor but has since been alienated to the respondent (the investment arm of the Government) who developed it into a housing estate known as Tampoi Housing Estate and built 999 units of low cost houses and rented them out to displaced persons like the appellant.

[3] The terms and conditions of the appellant's tenancy are governed by a tenancy agreement dated 6 September 1977 and for the purpose of this appeal, cls 1, 2(1), 4(3a) and (b) are most pertinent. They set out:

(1) the period of the tenancy to be three years effective from 1 August 1977 to 31 July 1980;

(2) the monthly rental to be RM55.50;

(3) the option to be granted to t