Retrial in Court: Question of Jurisdiction The retrial of the Dah Lung: IGase, now generally known as_ the Nanking Road Tenants Case, com-Imenced before Judges Yeh (presid-ting), Kao and Li in. the Second [Branch of the Kiangsu High Court jon April 210 when an argument took place between counsel for appellants and respondents as_ to whether the Second Branch High Court had the right to hear. the [appeal oF not.
This lasted for some time when the Court retired to. discuss the the [poi Counsel were later told to proceed with the case.
Mr. Li Chu-yuan, counsel for the respondents (the landlords), stated thet he could not see any ' reason Jwhy the tenants shoald remain in the premises any longer as siderable length of time had ela since the landlords had given them notice to remove.
The demolition of the present premises and the construction of fa much taller building, in their place Hwould, Br. Li said, ultimately grently bereft society because the proposed new building, which would be much bigger and. higher on ould be expable of accommodating more stores, give jobs to more people in Shangiha business district in its nelghbour-
Inow buildings trict in its neighbourhood would be Mr, Wang Vu-ling, counsel for (the tenants), stated that the would not make any" argument lbetore the question as to wheth the Court had the right to hear th appeal case or not was settled, The Court then ordered The case, it may be recall came for hearing in the former Shang~ pai Provisional Court when the Dah Lung Ca, owners of a block of shay premises facing Nanking Road a tending from Fokien Road to the tanking Road Post Office, sued the feenants because of the latter's re-{fusal to vacate the premises to lable the Great China Department /Store, with which the Dah Lung Ca. had entered into a contract for the ease of the land, to erect a large [department store. The landlords won the suit, whereupon the tenants ap-}peated in the Appellate Division of the Shanghai Provisional Court which reversed the decision of the flower court on the ground that, according to the custom prevailing fin Shanghai, the landlords could.not eject their tenants unless the uildings were too old or unless the Iand-fords wanted to use the land or buildings for their own purposes. The landlords then appealed in. the referred to the Second Branch of Supreme Court in Nanking which Kiangsa High Court for re-trial,
Text read from the printed page and cleaned; old type leaves the occasional error.