20 Dec 2024
LEE KIM KEONG 1. ) CARPET PRIMA SDN BHD 2. ) DEEPAK JAIKISHAN A/L JAIKISHAN REWACHAND 3. ) RAJESH A/L JAIKISHAN
- Citation
- WA-A52NCvC-307-04/2021 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- WA-A52NCvC-307-04/2021 (Mahkamah Sesyen)
Defendants failed to discharge the burden of proof to show factual inability to perform caused by government measures under Act 829; therefore the tenancy was not frustrated, the guarantee remained enforceable, the tenant's deposit was automatically forfeited under clause 3(y) and set off against arrears, and judgment is entered for the plaintiff for arrears, interest and costs.