The Archive · 1930

Landlord and Tenant

h Lung Ca. Appealing to Nanking An announcement has appeared in the Chinese papers in. connection with the Nanking Road tenants' ense, to the effect that the Dah Lung Land Investment Ca. respondents in the recent hearing before the Shanghai Provisional Court. Appeals, had taken strong exception to the judgment which was delivered against them by Judges Wenfu Yiko Hu (president), Chung Hung-sung and Chu Kan-lin, and had filed notice of appeal with the National Supreme Court in Nanking.

Tt will be recalled that the tenants appealed against a decision of the lower court, ordering their eviction from certain buildings 18 Nanking Road at the corner of Fokien Road.

This appeal was upheld by the three judges mentioned and the decision of the Court of First Instance was aversed, with costs against the Dah Lung Land Investment Ca.

The ease has aroused great interest locally, the point at issue being of vital importance to both landlords und tenants. Could a land lord, who had accepted "key money" from his tenants and allowed them to spend money in decorations and re-modelling, eject his tenants at will, in the absence of a lease, in order to lease the premises to s third party? The Court of Appeals hell that he could not, unless he wanted such promises for his own use.

"The Supreme Court is being asked to set this judgment aside and to decide in favour of the Dah Tung Land Investment Ca. on the, basis of the judgment in the case Meu Yuen Restaurant v. Ma Huan-wen, 1 property owner, in which the tenant was ordered to surrender the premises because he lid no lease With his: landlord and because no time limit was specified for his occupaney.

Tu this ease, the Deli Ing Land Investment Ca. say that it is admitted that no leases. wore enterct into and they strongly deny. the tenants? assertion that they had got verbal agreement from a former manager giving them right of oceupaney for a period of 20 years, Mr. J.

Text read from the printed page and cleaned; old type leaves the occasional error.

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