Abdul Malek Ahmad JCA:

These two appeals were heard together and, for the purposes of this judgment we will, where the appellants are referred to separately, refer to the appellant in the first appeal as the first appellant and the appellant in the second appeal as the second appellant. The respondent is the same in both appeals.

With effect from 16 November 1990, the first appellant was the registered proprietor of the property held under Grant 12089 Lot 200 Section 67 Town of Kuala Lumpur (hereinafter 'the property') which was sold for RM20 million to the second appellant by virtue of a sale and purchase agreement (hereinafter 'the agreement') entered into on 20 July 1992. On the property was one house and twenty-four apartments known as Cho Tek Flats situated at Jalan Imbi, Kuala Lumpur. The respondent was at all material times the tenant of units No. 115 and No. 117 of Cho Tek Flats (hereinafter 'the premises') on a month to month basis at a monthly rental of RM3,600.

By letter dated 30 July 1992 from the solicitors for the first appellant to the respondent, which was received by the respondent on the same date, the first appellant had given notice to the respondent