JUDGMENT

Alwi Abdul Wahab JC:

Introduction

[1] This is the plaintiff's originating summons for specific performance under ss 4(b), 7, 8(2) and 11 of the Specific Relief Act 1950 to compel the defendant to perform the term under the tenancy agreement dated 6 January 2011, in particular cl 6(b), being the option to purchase, which the plaintiff alleges that the defendant failed to allow the plaintiff to exercise. In the alternative, the plaintiff prays for damages as a result of their loss due to the defendant's failure to observe the said cl 6(b).

[2] The plaintiff is a tenant of a shop house at the premises described as Lot 1, Section 51, Kuching Town Land District ("the said property"). The defendant is the wife and legal representative of Luk Tai Lik ("Mr Luk") appointed pursuant to two order of court granted by Sibu High court in OS No: 24-335- 2006-II and OS No:24-38-2007.

The Facts Of The Case

[3] The plaintiff had entered into a tenancy agreement with Mr Luk from 1998-2001 (first tenancy agreement). This tenancy agreement was extended for three more terms, ie from 2001-2004 (second tenancy agreement), from 2005-2009 (third tenancy agreement) and from 2010-2014(fourth tenancy agreem