JUDGMENT

Azmi CJ (Malaya):

This is an appeal against the judgement of Ismail Khan J who allowed the appeal against the judgement of the president of the sessions Court at Malacca.

The respondent was and still is owner of the premises known as No. 2 Wolferstan Road, Malacca, herein referred to as the said premises, and she brought a suit for the recovery of the said premises in the sessions Court against the tenant KA Hamid as the tenant and against the appellant as the sub-tenant.

The brief facts of the case would show that the respondent became the owner of the said premises in 1948 when the tenant had been a tenant for some years previously and had been carrying on, on the same premises the business of a restaurant under the name of "K. Abdul Hamid Restaurant".

In February 1961 the respondent's rent collector named Low Yew Hock, noticed the name of the restaurant had been changed to "Letchumi Vilas Restaurant", whereupon he informed the owner of it. The owner immediately instructed a solicitor to give notice in writing to the tenant terminating the tenancy on 30 April 1961. The notice was also served on the appellant as a person in possession, of the said premises.

Upon their