JUDGMENT

Mary Lim Thiam Suan JCA:

Introduction

[1] This is an appeal against the dismissal of the appellant/plaintiff's claim for inter alia rentals of premises rented to the respondent/defendant, return of the premises or value of the premises. After hearing the learned counsel, we reserved our decision. Upon careful consideration of the records of appeal, the ground of judgment and the respective submissions, this is our decision.

Factual Background

[2] The appellant and his late father were joint registered owners of premises at No. 27, Jalan Utama, Georgetown, Penang [said premises]. The said premises was used as a restaurant by the name of "Barkath Restaurant". By an "Agreement of Lease" dated 11 February 2002 made between the appellant and his father on the one part, with the respondent on the other, it was agreed that the said premises would be leased to the respondent for inter alia a period of three years commencing 1 March 2002 to 28 February 2005 at a monthly rental of RM2,500.00 per month, payable in advance on or before the 1st day of each and every month [the said lease]. The said premises came with a list of furniture and fittings which was attached to the said lease.

[3]