JUDGMENT

Azmi CJ (Malaya):

This is an appeal against the judgement of the High Court at Ipoh, allowing the appeal against the judgement of the Magistrate's Court at Tapah and ordering a retrial on the ground that the learned trial Judge had failed to come to a finding of fact on the issue of demand.

It is necessary to refer to some facts of the case.

The appellant, whom I will refer to as the landlord brought this action against the respondent, whom I will refer to as the tenant, for possession of certain premises on the ground that the rent lawfully due had been in arrear for 14 days or upwards.

The defence whilst admitting that the said rents were in arrear alleged that this was done at the request of the landlord himself who stated that this method of payment would be more convenient for him, the landlord.

The learned Magistrate found as a fact that the tenancy has always been a monthly tenancy, that rent was payable in advance and that the rent lawfully due has been in arrear for 14 days or upwards at the time the notice to quit was served on the tenant. He therefore gave judgment in favour of the landlord.

The appeal before the High Court was confined to one ground only n