Rohana Yusuf J:

[1] This is an appeal against the decision of the High Court at Johor Bharu. The learned JC had dismissed an application by the appellant by way of originating summons, to forfeit a lease registered in respondent's favour. On 29 November 2012 by a majority decision, with our learned brother Clement Skinner JCA dissenting, we allowed the appellant's appeal with costs, and set aside the order of the High Court. We now give our reasons.

[2] The appellant leased out two pieces of land held under HS (D) 2[7082] PTD 4988 and HS (D) 2[7083] PTD 4989 both located in Mukim Rengam, Daerah Kluang, Johor to the respondent. The lease was registered in favour of the respondent on 18 November 1992 vide presentation No 526381992 for a period of 25 years commencing on 9 November 1992.

[3] The two issue document of titles to the lands were issued on 12 August 1991, just over a year before the commencement of the lease. They carry the same express conditions. The express conditions, in their original language are as follows:

"Syarat-Syarat Khas:

i. Tanah yang terkandung dalam hakmilik ini hendaklah diusahakan tanaman campuran seperti tanaman koko dan buah-buah daripada jenis dusun