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JUDGMENTBY: HILL AG CJ, GOOD JA, ONG J

HILL AG CJ I have had the advantage of reading the grounds of judgment of Ong J. with which I agree and to which I have nothing to add.

GOOD JA I have had the advantage of reading the grounds of judgment of Ong J. with which I agree and have nothing to add.

ONG J This is an appeal against the judgment of the High Court at Ipoh affirming a judgment of the President of the Sessions Court, Taiping, whose interpretation of paragraph (n) of section 12(1) of the Control of Rent Ordinance, 1956, is that the requirements therein of reasonableness and availability of suitable alternative accommodation must in every case be satisfied where a landlord is claiming possession of controlled premises under the provisions of any of the preceding paragraphs (a) to (m). In the instant case the landlord had already made out a case for possession under paragraph (j) but his claim was dismissed on the ground that he had failed, in addition, to satisfy the requirements of paragraph (n). Against that decision the landlord is now appealing.

With the greatest respect to the learned Judge and the learned President I regret to find myself in disagreement with them,

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