The plaintiff led evidence to show that under the Deed of Lease (exhibit A), the parties agreed that at the expiration or sooner of determination of the lease, the defendant would peaceably yield up to the plaintiff the demised premises, subject to the defendant's right to exercise an op¬tion to renew the lease at any time within six months before its expiry, it is Common ground that the lease is a yearly tenancy which took effect from February 16. 1965, that the defendant left the premises in October but kept the keys, until Au¬gust 1966 when he surrendered them to the plaintiff, and that the defendant never exercised the option contained in the tease- The learned trial judge thereupon pro¬ceeded to non-suit the plaintiff in respect of the claim for use and occupation of the premises for the period February. 1966 to August 1966 when the tenant held over after the expiry of the lease as contained in the Deed of Lease. The learned trial judge, however, granted the other two claims of the plaintiff, with the amounts of claims substantially reduced in each case.

The present appeal has been brought by the plaintiff/appellant mainly against the non-suit of the claim for use and occupation of the premises.