Jaswant Singh A/l Sadu Singh (Berniaga Sebagai Roshan Globe Trading (No. Perniagaan: 003012033-h)) 1. ) LAM MENG FONG 2. ) LIE SENG FATT 3. ) LEE YOU HIN 4. ) VIVAHOMES REALTY SDN BHD

Jaswant Singh A/l Sadu Singh (Berniaga Sebagai Roshan Globe Trading (No. Perniagaan: 003012033-h)) 1. ) LAM MENG FONG 2. ) LIE SENG FATT 3. ) LEE YOU HIN 4. ) VIVAHOMES REALTY SDN BHD

Trial magistrate’s factual findings that the landlord had completed the agreed repairs before commencement of tenancy, that the plaintiff had knowledge of and accepted the actual premises size and had commenced business, and that the agreed rental was a lump sum led to the conclusion that the plaintiff breached/terminated the tenancy; those findings were not plainly wrong on appeal and therefore the magistrate’s dismissal of the plaintiff’s claim was affirmed.

Citation
BA-11BNCvC-43-12/2022 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: Jaswant Singh A/L Sadu Singh (trading as Roshan Globe Trading); 1st Respondent/defendant: Lam Meng Fong; 2nd Respondent/defendant: Lie Seng Fatt; 3rd Respondent/defendant: Lee You Hin; 4th Respondent/defendant: Vivahomes Realty Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
7 September 2023
Case Number
BA-11BNCvC-43-12/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / High Court on Appeal From Magistrates' Court Decision
Outcome
Appeal dismissed; decision of the Magistrates' Court affirmed
Legal Topics
Tenancy Agreement, Breach of Contract, Misrepresentation, Fraud and Forgery Allegations, Damages, Costs, Appellate Review
Source Language
Malay/English
Contract Landlord and Tenant Tort Tenancy Agreement Breach of Contract Misrepresentation Fraud and Forgery Allegations Damages +2 more

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Parties

Jaswant Singh A/L Sadu Singh (trading as Roshan Globe Trading)

Appellant/plaintiff

Lam Meng Fong

1st Respondent/defendant

Lie Seng Fatt

2nd Respondent/defendant

Lee You Hin

3rd Respondent/defendant

Vivahomes Realty Sdn Bhd

4th Respondent/defendant

Procedural Posture

Civil Appeal / High Court on Appeal From Magistrates' Court Decision

Legal Issues

  1. 1 Whether the Respondents breached the special conditions of the tenancy agreement
  2. 2 Whether the Appellant was entitled to prematurely terminate the tenancy agreement
  3. 3 Whether the Respondents committed fraud, negligent or fraudulent misrepresentation and/or forgery relating to the size of the premises

Ratio Decidendi

Trial magistrate’s factual findings that the landlord had completed the agreed repairs before commencement of tenancy, that the plaintiff had knowledge of and accepted the actual premises size and had commenced business, and that the agreed rental was a lump sum led to the conclusion that the plaintiff breached/terminated the tenancy; those findings were not plainly wrong on appeal and therefore the magistrate’s dismissal of the plaintiff’s claim was affirmed.

Court Disposition

Appeal dismissed; decision of the Magistrates' Court affirmed

Orders

  • Appeal dismissed with costs
  • Appellant to pay costs of RM8,000 to the 1st and 2nd Respondents (subject to allocator)