Case Note of Than Khok Leong Case

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CASE NOTE : THAN KOK LEONG v LOW KIM HAI FOC : 1. The Pf in this case was the Register Proprietor (RP) of the premises at Jalan Klang, KL. 2. He had bought the land in dispute from Patricia Perera, and he was informed by the vendor that there was someone occupying the land. 3. Df in this case was a tenant paying a rental of $950 per month and continue to do so towards Pf, the new RP. 4. Later, RP had executed a notice to vacant the land towards the Df. 5. Df refused to do so, and he continue to live there and paid the monthly rent as usual. 6. Df in his contention alleged that he had enter into ORAL agreement with the previous land owner’s son which was consented by the land owner, Patricia herself. In that oral agreement, he was allowed to have a tenancy period of 3 years starting 1974 together with an option to renew the tenancy period of 3 years. 7. As for that, Df claimed for specific performance, an injunction to restrain the Pf from acting in any manner contrary to the alleged lease. 8. Pf in the other hand claimed that the oral agreement made between the Df and the previous land owner is unenforceable and the notice that he had executed was a proper form of notice to vacant the land. ISSUES & JUDGMENT : i. Whether the alleged oral agreement between Df and the previous land owner really existed? * Neither the Pf nor Df called the former land owner, Patricia or her son to verified the allegation on the oral agreement where it will be a clear cut situation if they can determined it. * But, after looking at the whole situation, and also the prove that Df had done remarkable renovation to the house with the consent of the land owner, based on the balance of probabilities, there was oral agreement entered into between the previous land owner and the Df. ii. Whether the oral agreement made between the Df and

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