GROUNDS OF JUDGMENT

The Appellant/Plaintiff appeals against the decision of the learned Sessions Court Judge delivered on 16-8-2002 wherein the Appellant/Plaintiff's application for summary judgment was dismissed with costs.

The Appellant/Plaintiff's action is for:-

a) vacant possession;

b) unpaid arrears of rental for the 6 month period from December

2001 to May 2002 amounting to RM24,540.00 and

c) double-rental for holding over from May 2002 to 18th April 2003

of a retail-unit located in a shopping-center, namely Unit J1-18, Level 1, Johor Bahru City Square (hereinafter called the premises).

It is not in dispute that the Plaintiff is the Chief Tenant of the premises pursuant to tenancy agreement dated 28.9.99 entered into with the landlord Johdaya Karya Sdn. Bhd. (hereinafter called the principal agreement). It is also not in dispute that the parties herein had entered into a Sub-Tenancy Agreement

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dated 24.2.2000 wherein the Appellant/Plaintiff (as Chief Tenant) had granted a sub-tenancy to the Respondent/Defendant for the said premises, for a period of 2 years commencing from 1.3.2000 to 30.4.2002 at an agreed monthly rental of RM4,417.20 and RM490.80 as monthly service charge