JUDGMENT

Ong CJ:

This appeal raises for the first time the proper interpretation of cl 4 in the statutory form of mining sub-lease, as prescribed by Sch X of the Mining Enactment (Cap. 147), which provides -

4. That the sub-lessee shall work the said land in an orderly, skilful and workmanlike manner and subject to the provisions of the Mining Enactment and shall be liable to indemnity the sub-lessor for any expenses which he may incur, whether as fine inflicted on him or otherwise, on account of any breach of this condition by the sub-lessee.

The action arose out of an application made originally in the Court of the senior inspector of mines which was transferred for adjudication to the High Court in Ipoh at the instance of the sublessors - for cancellation of a sublease on the ground of breach of a condition thereof by the sublessees. The breach complained of lay in the planting of tapioca on 60 acres of the mining land, either by the sublessees or with their connivance, which the sublessors claimed was such contravention of the Mining Enactment as rendered the sublease liable to cancellation in accordance with an express condition therein.

The facts may be set out in a few wo