1
1
!
i
Acts done mala fida with fotent
10 induce a
Jessee to quit probibited.
Leave to be oblained before notice
(2.) Upon the hearing of any summons issued under the provisions of this section, it shall be lawful for a magistrate, whether the defendant be convicted or not, and in addition to imposing a fine if the defendant be convicted, to order the defendant to pay to the
tenant:-
(a) any sum recovered or obtained from the ten- aat, by means of the distress or threatened distress, in excess of the rent recoverable in accordance with the provisions of the prin- cipal Ordinance;
(b) any costs recovered or obtained from the ten- ant by means of the distress or threatened distress; aud
(e) damages, not exceeding two hundred and
fifty dollars.
8. Every person who shall mala fide do any act what- soever with intent to induce the lessee of any domestic tenement to give up possession of such domestic tene- ment shall be liable upon summary conviction to a fine not exceeding one thousand dollars.
7.-(1) No notice to quit given, after the commence- ment of this Ordinance, in reliance or pretended reliance
to quit cau
on the provisions of paragraph (f) of sub-section (1) of be given in section 4 of the principal Ordinance shall be valid certain cases, unless the lessor shall have previously obtained the
leave of the court to give such notice.
Notice to
quit given
RBD TO LO affect anb
lesses unless
Jatter joins or conirme.
(2.) Such leave shall be applied for by summons inter partea and shall be given only if the plaintiff shows to the court prima facie grounds for believing that the application is bona fide.
(3.) No notice to quit given, before the commence- ment of this Ordinance, in reliance or pretended reliance on the provisions of the said paragraph, and unexpired at the commencement of this Ordinance, shall be valid unless confirmed by leave of the court, obtained by application in the manner and on the grounds specified in sub-section (2) of this section.
(4.) Upon any application under sub-section (3) of this section it shall be lawful for the court, whether the notice to quit shall have expired or not, to order that the lessce shall be allowed to remain in possession for such period as may be necessary to enable the applica- tion to be heard and adjudicated upon, and for such further limited period as the court may think fit.
(5.) The plaintiff shall not be entitled, on any sum- mops issued under the provisions of this section, to any costs in respect of any proceedings up to and including the giving or refusing of any such leave, unless it shall appear to the court that the defendant shall have acted unreasonably in the matter.
(6.) It shall be lawful for the defendant, at any time after the giving of any such leave, to apply for the sum- mons to be reinstated for the purpose of proving to the court that the application was not bona fide, and upon proof that the application was not bona fide it shall be lawful for the court to award to the defendant such damages as the court may think fit.
8-(1) A notice to quit, or an agreement in writing to quit, given or executed by the lessee of any domestic tenement shall not affect the right of any sub-lessee, to whom the said domestic tenement or any part thereof shall have been sub-let before the giving of such notice or the execution of such agreement, to retain possession under section 4 of the principal Ordinance or be in any way operative against any such sub-lesses, unless such sub-lessee shall have joined in or subsequently con- firmed such notice or agreenient.
(2.) This section shall apply also to notices given and agreements executed before the commencement of this Ordinance, provided that the sub-lessee in question shall not have in fact, before the commencement of this Ordinance, given up possession of the domestic tenement occupied by him.
(3.) Nothing in this section shall affect any action instituted before the twenty-second day of October, 1921.
9. An order or judgment against a lessee for the Ejectment recovery of possession of any domestic tenement or order against ejectment therefrom under section 4 of the principal affect anb Ordinance made or given after the commencement of lessee.
I see not to
this Ordinauce, shall not affect the right of any sub- 10 & 11 Geo. leasee, to whom the said domestic tenement or any part 5. c. 17, s. 5 thereof shall have been sub let before proceedings for (8) recovery of possession or ejectment were commenced, to retain possession under the said section, or be in any
way operative against any such sub-lessee.
10. Where the interest of a lessee of any demestic Statutory tenement is determined, after the commencement of lenney of this Ordinanco, either as a result of an order sub-core on
or determinn- judgment for possession or ejectment, or for any other tion of reason, any sub-lessee, to whom the said domestic tenaney of tenement or any part thereof shall have been aublet, lease: shall, subject to the provisions of the principal Ordi. 101 Deo. nance and of this Ordinance, be deemed to become the A.17. 18 lessee of the lessor on the same terms as he would have (3).
held from the lessee if the tenancy of the lessee had continued, except that the rent shall be the standard
rent.
Objects and Reasons.
1. The object of this bill is to make in the Reuts Ordinance, 1921, certain amendments which experience has shown to be desirable.
2. Clause 2 proposes to amend section 4 (1) (f) of the principal Ordinance so as to oblige any landlord giving notice to his tenant under that paragraph to state dafinitely what he proposes to do. The paragraph in question gives the landlord the right to give notice only when he intends either to pull down the domestic tenement or to reconstruct it in such a way as to make it technically a new building. It is feared that some landlords may attempt to use this paragraph walu fide and with no real intention of pulling down or recon- struction, and it is thought that to require particularity in the notice may be some additional safeguard.
3. Clause 3 proposes to make a slight technical alteration which is intended to make it quite clear that any summary offance created in the principal Ordinance or amending Ordinance is to be tried before a magia-
trate.
4. The object of clause 4 is to give the summary court power to transfer to the original jurisdiction of the Supreme Court actions which under the prin- cipal Ordinance would otherwise have to be tried in the summary jurisdiction. A transfer of this kind might be desirable where an action relating to the same tenancy had already been commenced in the original jurisdiction and where such action could not be trans- ferred to the summary jurisdiction. In such an event it might be highly inconvenient that the two actions should be heard separately in different courts.
5. A special explanation of sub-clause (3) of cause 4 seema desirable. The principal Ordinauce, which con templates only a trial in the summary jurisdiction, provides for an appeal from the summary jurisdiction to the full court of two judges. Speaking generally, however, the Full Courts Ordinance, 1912, provides
504
¡
No comments yet.
Private notes are available after approval.