Raja Azlan Shah Ag LP

(delivering the judgment of the Court): In this appeal the question arises as to the construction of a lease executed on August 16, 1957 and it turns upon the relative importance of a recital and the operative part of the said lease in clause 1(iv) infra. The recital states that the registered proprietor of land held under C.T. No. 15741 for lot No. 573, section 62, in the town of Kuala Lumpur, in area 0 acres 2 roods 27.9 poles (hereinafter referred to as "the said land") do hereby lease to Makhanlall (Properties) Ltd. the said land together with the buildings erected thereon and known as Star Theatre as tenant for 30 years at a monthly rental as stated hereinafter, subject to the agreement and powers implied in the Land Code and subject to the stipulations, modifications, terms and conditions hereinafter contained. Then the lease continues with the operative parts. Clause 1 contains the provisions for rent. It reads:

"The rent of the said land shall be as follows:—

(iv) From the beginning of the 21st year to the end of the 25th year such sum exceeding $700 as shall be agreed to by the parties hereto or as shall be fixed by an arbitrator."

Clause 2 says that