The Archive · 1932

Rent Exemption Dispute

Judgment in an action for the exemption of two months? rent for; February and March due to Sino-

Japanese hostilities was reserved in the First Special District Court, after the two contesting parties, advised to come to an amicable settlement, had failed to reach on agreement, The sylt was brought by Algar Ca, against 13 tenants occupying end trading in premises at the cor ner of Chekiang and Pakhoi roads. Mr, "A. M. Preston, for plaintiff, pointed out to the Court that the shops are situated in the Central district and were not affected by the recent hostilities. He then asked the judge to regard the issue with extreme importance as a fundamental principal law was at stake. A "threaten ing" letter sent by the Shanghai Peoples Rent Redemption and Exemption Movement, in which the intift was asked to withdraw the Suit, was read in the court by the counsel for the plaintiff, who em-Dhesised that the court should not Jallow such an organisation to inter-{fore with the law.

Mr. Andrew C. Y. Law, counsel for the defence, reasoned that the premises leased for business purposes were closed duringYhe two months by order of the Chines Chamber of Commerce us a protest against the Japanese invasion fand therefore the tenants were deprived of the legal use and occupa-Ton of the premises. To support his contention, counsel quoted ar-tice 441 of the Chinese Civil Code and a decision of the Chinese Supreme Court of the fifth year of the Republic regarding the question of promises having been di prived of legal use." He further ited local customs. in connection ith the payment of rents in a:

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

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