Trustees of Tayebi Club v Pathak
Trustees of Tayebi Club v Pathak (Civil Appeal No. 118 of 1952) [1952] EACA 195 (1 January 1952)
The Court of Appeal held that, as a matter of law, the Board was not required in every case to join the tenant or their representative when seeking an order for possession against an occupier under section 16(1)(i) of the Increase of Rent (Restriction) Ordinance, 1949, as amended. However, the Board failed to consider the factual relationship between the former tenant and the occupier, and the statutory provision only applied to actions of a tenant after the commencement of the Ordinance. Since the tenant was already deceased before the relevant date and there was no evidence of assignment or…
Source excerpt
- Rent Restriction
- Ejectment Orders
- Statutory Tenancy
- Joinder Of Parties
- Assignment And Subletting