JUDGMENT

David Wong Dak Wah JC:

The Proceedings

[1] The proceedings arise out of a claim by the plaintiff, PGC Golf Management Sdn. Bhd. for damages arising from an alleged breach of a tenancy agreement dated 5 July 1994 (tenancy agreement) in respect of land at Siol Batu, Kuching, Sarawak containing an area of 11.347 hectares, more or less and described as Lots 1598 and 2693, Block 18, Salak Land District (land) by the defendant. The alleged breach relates to the defendant repossessing the land prior to the expiration of the three month period provided for under cl. 5 of the tenancy agreement. The defendant denies such breach and further made a counterclaim of RM23,081.06 being outstanding rentals for part of the month of October 1996, the months of November, December 1996 and June, July, August, September and October 1997 and water consumed by the plaintiff which had been paid by the defendant.

Undisputed Facts

[2] The defendant has the beneficial interest to the land which contains a driving range operated by Awang Kamarudin Awang Mohammad, trading under the style and firm name of Petra Golf Centre.

[3] By a letter dated 29 July 1993 (exh. A - pp. 2-3, also exhibited as RZ1 in P