SanDaN stob v. KEUAN SINCIC
Courses: Mr. N. A. Ivano tantinr and ranald MeDonaid. for September 5, but ignored it on the ground that Talok Singh was then the tenant of the premises. 'There had apparently been some' dispute bee tween the brothers as to the date for the termination of Talok Singh's teraney.
Leascholds are immovables in pri-vote international law and the common law declares that the law of the situs shall exclusively govern in re~ gard to all rights, Interests and titles mand toimmovable property. To this, rule there is now a clearly established exception in the ease of contracts with regard to Immovables, the effect of Which fs governed by what is. known 3 "the proper law of the contract," Briefly definable as the law contemplated by the parties, but the proper Yaw of such a contract is generally, though not necessarily, the law of the country where the immovable situate, Whichever the proper law may be in this case, the Chinese and English systems both recognize that tenancy is created by contract and in the evidence before me T can find none of any privity of contract, be-{ween the parties except In the blaine {ifs allegation of the payment of the March rent by the defendant; against that there is the defendant's denial that he paid it and, if he was, as he stated and was corroborated in that particular by the other witnesses for the defence, a sub-tenant to the plains tis brother, it is a reasonable conclusion that he did not pay it. 'The Durden of proof is upon the plaintitt and in my' opinion he has failed to discharge it, Judgment will escas ingly be enicred for {he defendant the costs.
Before Judge P. Grant Jones (audginent for defendant with costs)
Text read from the printed page and cleaned; old type leaves the occasional error.