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2025 MarsdenLR 4925

HIGH COURT MALAYA ALOR SETAR
KW KEAT WEI MOTOR SDN BHD – Appellant
Versus
HCS REALTY SDN BHD & ANOTHER CASE – Respondent


Petitioner Advocates:C Charleet,Ch'ng De Sern ,Respondent Advocate: V Amareson

JUDGMENT

John Lee Kien How @ Mohd Johan Lee J:

Introduction

[1] A seemingly straightforward commercial tenancy in Guar Cempedak, Kedah, has become the battleground for a high-stakes legal dispute as this appeal challenges the very foundation of a landlord's right to terminate a tenancy agreement, questioning whether the respondent's actions have unlawfully deprived the appellant of their rightful occupation of the property.

Brief Facts Of The Case

[2] The respondent owned a specific commercial property with the address of No 2, Ground Floor, Guar Utama Business Complex (or Kompleks Perniagaan Guar Utama), Jalan Guar Utama 1, 08800, Guar Cempedak, Kedah Darul Aman ("the Premise").

[3] The relationship between the appellant and the respondent began with the first Tenancy Agreement dated 29 January 2019 ("the First Tenancy Agreement"), which leased the Premise from the respondent, as the landlord, to the appellant as the tenant. The First Tenancy Agreement spanned three years, commencing from 23 February 2019 to 22 February 2022, with a fixed rental rate of RM3,000.00 per month.

[4] Subsequently, both the appellant and the respondent executed a Second Term Tenancy Agreement dated 24 February


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