1933-06-13 — Page 12

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THE HONGKONG TELEGRAPH. TUESDAY, JUNE 13, 1933.

SYMPHONY

OF SIX MILLION

SECURITY DEPOSIT

CLAIM.

DEFENCE PLEA FAILS. ON

EVERY GROUND (

month.

་་

AN

As a matter of conveniones it was that the lossċa should arranged receive his interest by deducting $0 a month from the rent payable under the lease,

governa

ment and also to refund at the expirnat 'n 'reduced

rent," apparently as tion of the term the sum of $1,000 a tenant from month to month. deposited by him with them

After seeking In vain the return security for the observance of his of his deposit from Fung Suk-tun, covenants and during the continuance plaintif instituted these proceedings. of the term to pay him interest there on at the rate of 8% per calendar The first point taken for the defence this: Inasmuch as the plaintiff's possession of the demised

Promise has not been disturbed and his has not yet expired, Judgment for plaintif with costs

his claim was given by Mr. Justice Lindsell at

premature. With this contention I the Supreme Court yesterday after

cannot agree. At common law, which noon in the case in which Hol Sal-hol,

In Hongkong whore the point in of b1, Water Street sued Chan Lal-

In July 1920 the defendants made a demise of mortgaged property has of wan and Wong Loung-ahl, both the See Long Firm, of 28, Bonham a further charge on the property to been effected without his consent, the further advance of $3,000 mortgages on taking possession Is

до entitled to ovlet the tenant the return of $1,000 from Li Yat-ang and others. Strand East, for alleged to be the deposit as security In November 1929 the defendants trespasser.

Horo there is no the for the pa

direct ovidence the payment of rent.

assigned their interest in

property In the action were to Chu Sam and Hong Yes subject whether or no the mortgagees con They are. H. Sin (Mensrato-the-plaintiff's-rights under the sented to the original demise, but they represented

Co-1 Bir. F. C. E least and

after they took possession in further

пррсаг, A. E. Hall

the mortgage and Rendall (Messrs. Russ and Co.) charge. Chu sam was introduced to 1931, to have disclaimed all obligation appeared for the defendants.

the plaintiff as his

Landlord; to plaintiff under the lease, and In a written judgment His Lord- plaintiff pald rent to him and by munt assume that they were legally

doing.

From ship said inter alia: The plaintiff, as arrangement with him continued to justified in so

therefore plaintif WOR lessee, here sues his lessors for the deduct therefrom as before 30 per moment

leposit of $1,000 made mon Kepanit. return of

and

socuro a

now.

#

that

dc-

the amount of interest duo on entitled to regard the lense as

termined and to demand the return

by him as accurity for the perform the May, 1030, Chu Sam and Hong of his deposit. Hence this action is

anco

of his covenanta under the tense.

In

Yee

My opinion favours, the plaintiff.

"-

in turn assigned their interest, not premature. In October 1928, the defendants as subject only to the mortgage and The second question is whether the owners of the property known as 61, further charge and otherwise free defendants still remain llable to the Water Street, mortgaged that pro-

one Fung plaintiff under the covenant to repay Fo from encumbrances, to perty to Li Yat-sang and others to Shuk-tun. Fung in his turn allowed the $1,000 deposit.

no the pinitiff as his tenant to deduct accure an advance of $20,000,

the tu reserved express power bang

$0 per month from his rent. mortgagors in deed of mortgage to Jeane any part of the properes

In November 1928, some six tered the defendants demised the ground floor premises of No. 51 to

Lo

Tho

only point remaining In July, 1931, the plaintiff received whether the acquiescenes of the plain- formel notice from Mesars. Lo and tiff and of the lessors assignees in to get his interest by defendants) having made default in tiff payment

of interest on the mortgage, means of deducions from his rent, ho should in future pay his rent to effected a novation of the original

contract concerning the deposit. others, and as from

clearly no novation of Thoro WON August 1931,

the original lesso agreement in toto; plaintiff paid his ront to them në- cordingly.

otherwise novation would arise when- over the Interest of either lessor or lessed under a lease was assigned to another.

after the mortgage had been rogix. that the mortgagors (the present the arra whereby the plain..

the plaintiff for a term of Ave years. the mortgagees, Li Ynt-sang and

There is no evidence to show whether the mortgagees hnd notice of the demise and the lease makes no mention of the mortgage.

Quiet Enjoyment.

Liability Repudiated.

The mortgagees expressly

On all grounds then I find that the

In the lease the lessors expressly | pudiated any liability to "the plaintiff 'Gefence. fails. There must be judg covenant inter afin that the lessee under the lease but allowed him, toment for the plaintiff for claim and (the plaintiff) shall have quiet enjoy- remain in occupation of his premises costa.

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