JUDGMENT

Mohd. Azmi FJ:

The appellant's claim in this action is that under the terms of a lease agreement dated 14 February 1968, it is entitled to a perpetual covenant to renew the lease every 10 years, and therefore it prays for specific performance of the renewed lease which the covenant for perpetual renewals inserted as a term of the agreement. Although the principal issue for determination in this appeal is one of construction of Clause 4(e) in the lease (Exhibit AB37, pp. 86-100 of records), we propose to lay down the undisputed facts of the case which led to the present dispute. The respondent company and its predecessor in title, Mr. Makhanlall, owned three cinemas situated in Kuala Lumpur, Penang and Ipoh - all named as Star Theatre. At various periods before the dispute, the three cinemas were leased to Mr. Ong Keng Huat (PW1) either personally, or jointly with his partners, or leased to his company - the appellant. The negotiations as to the various leases were conducted by Mr. Makhanlall and subsequently by his son Mr. Shasikant Gupta (DW1) when Mr. Makhanlall became ill and died in 1969. We are not concerned, however, with the Penang and Kuala Lumpur Star Theatres. Th