JUDGEMENT

James Foong JCA:

Introduction

In this appeal the respondent, who was the landlord of a double storey building known as Lot 741, Jalan Sultan Ismail, Kuala Lumpur (the said premises), had rented to the appellant the said premises for a sum of RM5,750 per month for a period of three years commencing from 1 October 1992. This tenancy is evidenced by a written agreement dated 26 April 1993. According to the respondent, the appellant had breached a term of this tenancy agreement by failing to secure approval from the relevant authorities to renovate the said premises into a restaurant and to operate as such. This warranted the respondent to terminate the tenancy and to reclaim possession of the said premises. To activate this, the respondent, through its solicitors, on 10 May 1994, gave notice in writing to the appellant that the tenancy agreement would be terminated with effect from that date thereof and that vacant possession of the said premises be surrendered to the respondent forthwith. This letter added:

unless you quit and deliver vacant possession of the abovecaptioned premises to our client on or before the 30th June, 1994, you shall be liable to pay double rental an