JUDGMENT

Rhodzariah Bujang FCJ:

[1] These two appeals pertain to a tenancy agreement ("the agreement") in respect of a block of 23 storey office building in Ampang named Plaza Palas, entered into by its owner, Bellajade Sdn Bhd ("Bellajade") and CME Group Berhad ("CME"), its tenant. CME's performance of the agreement was guaranteed by Tan Sri Dato' Lim Cheng Pow ("Tan Sri Lim"). The agreement was for a fixed period of three years commencing from the date of completion, that is, 20 February 2013, of a sale and purchase agreement dated 25 March 2012 between Bellajade and the previous owner of Plaza Palas, Orion Choice Sdn Bhd ("Orion Choice"), who still retained ownership of another block of building comprising service apartments built on the same nine parcels of land at Plaza Palas. Orion Choice obtained ownersh

[2] About six months after the sale and purchase agreement with Orion Choice, that is, on 1 December 2011, Kris Angsana applied to the Land Administrator for surrender, re-alienation and change of the said condition from "Residential" to "Commercial" and "Mixed Development". This was followed by an application dated 2 March 2012 by Orion Choice to Kuala Lumpur City Council ("the Council") for approval, which approval was granted, to amend the building plans for Plaza Palas, to use it for a commercial purpose. The said application to the Land Administrator was granted on 8 May 2012 but subject to payment of RM1,550,172.00 which is inclusive of a premium in the sum of RM1,531,179.00. It is expressly stated in the said letter of approval that the land use is "Bangunan" and the expre