9 Aug 2024
1. ) HORIZON GLOBAL SDN. BHD. 2. ) SHANKARA PILLAI A/L RAMANATHAN 3. ) SANJEEV KUMAR RAMASAMY ATRIA SHOPPING GALLERY SDN. BHD.
- Citation
- BA-12A-59-12/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-12A-59-12/2023 (Mahkamah Tinggi)
The High Court found no admissible evidence that the landlord consented to the tenant holding over; the representation alleged by appellants was unproven and amounted to a bare allegation. The Tenancy Agreement and contemporaneous documents supported the respondent's computation of outstanding sums. Under s28(4)(a) Civil Law Act the landlord validly exercised the option to charge double rent where possession was not given up without consent. Summary judgment was therefore properly entered and the appeal was dismissed with costs.