J.p. Mahuvawalla v B.r. Iranee

Judgment

Cited in

Precedent Map

Judgment Date	27 January 1947
Judgement Number	CACV2/1946
Year	1947
Court	Court of Appeal (Hong Kong)

CACV000002/1946 J.P. MAHUVAWALLA v. B.R. IRANEE

CACV000002/1946

APPELLATE JURISDICTION

APPEAL NO. 2 of 1946

(Tenancy Tribunal Appeal No.41/46)

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BETWEEN
J.P. Mahuvawalla	Appellant (Opponent)
AND
B.R. Iranee	Respondent (Applicant)

Coram: Blackall C.J., Gould J.

Date of Judgment: 27 January 1947

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JUDGMENT of Blackall C.J.

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1. This is an appeal from the judgment of Williams J affirming a decision of Tenancy Tribunal A in which an eviction order was made against the appellant under Article 5 para 1(a) of the Landlord and Tenant Proclamation (No.15 of 1945). That paragraph provides that a Tenancy Tribunal may make an order for the eviction of any person who, in the opinion of such Tribunal, does not bona-fide claim possession under a landlord or his predecessor in title.

2. The facts of the case may be briefly stated. The appellant was employed by the respondents under an agreement which provided, inter alia, that his remuneration would be $300 per month and that "this amount shall include all personal expenses of the employee excluding lodging which will be provided by the firm".

3. The appellant's employment was terminated on 30th April, 1946, and as he refused to quit the lodging provided for him viz., the 2nd floor of the respondent's house at 52 Wyndham Streetm an application for an eviction order was made and granted.

4. A number of authorities under the English Rent Restriction Acts have been cited by counsel but as the relevant parts of Proclamation 15 of 1945 differ in some material respects from the English Acts, those decisions have only a limited application. The question before this Court is whether the fact that the appellant was...

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J.p. Mahuvawalla v B.r. Iranee

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