Lee Hun Hoe CJ (Borneo)

(read by Yusoff Mohamed J.): We dismissed appellant's appeal against the decision of the learned Judge that the additions and alterations carried out on an old two-storey building were of such a nature and extent as to make the said building into two new and separate premises thereby excluding them from the protection of the Control of Rent Act, 1966. However, we reserved judgment on the respondents' cross-appeal on the question of double rent.

The facts are set out fully in the judgment and it is not necessary to repeat them here. As a result of additions and alterations carried out in 1959 to an old two-storey building known as No 25, Jalan Ah Fook, Johore Bahru which was built before January 31, 1948 the Town Council rated the whole building as two distinct units. The ground floor became No. 25 and the first floor No. 25A. Appellant became tenant of No. 25A in 1961 at monthly rental of $300/- and No. 25 in 1966 at monthly rental of $680/-. He was served with notices to quit on both premises. After expiry of the notices he failed to quit. Because of jurisdictional limits respondents initiated two actions — one for vacant possession of No. 25A in the Sessio