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1999 MarsdenLR 538

HIGH COURT MALAYA IPOH
ABDUL JOHARI ABDUL RAHMAN – Appellant
Versus
LIM HOW CHONG & ORS – Respondent


Petitioner Advocates:Gurbachan Singh ,Respondent Advocate: A Iruthaya Raj

JUDGMENT

Abdul Hamid Embong J:

Background Facts

[1] The first to the sixth defendants are the existing partners to Hollywood Hotel (HH) ie, the seventh defendant, which was registered as a partnership on 20 October 1959. HH rented premises Nos. 72, 74, 76, Jalan C.M. Yussuf, Ipoh, the premises now under dispute (the said premises), pursuant to a written tenancy agreement dated 21 July 1958 (exh. D1), entered into with the then landlord, Loke Wan Yat Realty Ltd. (LWY) and Yong Kin Chin (deceased) as a trustee of HH. LWY then owned a row of 12 lots along the said Jalan C.M. Yussuff (then Jalan Chamberlain) and had constructed a hotel on the said premises. HH had, since 21 July 1958, been and is still occupying the said premises and operated a hotel thereon since Christmas Day in 1959. LWY also constructed double-storey shophouses on the other nine lots and let them out to various other tenants, including one to the plaintiff's father ie the lot adjacent to HH, who operated a restaurant called Rahman Restaurant on it. The plaintiff bought the said premises from LWY on 22 September 1992, together with the other nine shophouses, ie Nos. 72 to 94 Jalan C.M. Yusuff, for RM4,375,000, "without

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