000 01235cab a2200181 4500
001 ABS37614
008 090401t1987 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u5585
041 _aeng
245 _aH.H. Property Co Ltd v Rahim and others
260 _c1987
350 _a0
490 _aEstates Gazette
_v282(6331) 25 April 1987, 455(1)
520 _aCA 24 October 1986. An appeal by the defendents due to incorrect procedure adopted following an interim order for payment of arrears of rent in lanlords proceedings for possession and other relief against the tenant and other defendants. The interim order had not been fully complied with and the CC judge whose decision gave rise to the present appeal ordered that, unless the sum due was paid the defendants` defence should be struck out. The defendants appealed, to have the order set aside. Held that the order must be quashed. The judge was not entitled to make an order for the defence to be struck out under the inherent jurisidiction of the court. The correct procedure for the plaintiffs was to use the recognised procedure to enforce the interim order for payments. Appeal allowed.
690 _aLANDLORD AND TENANT-CASE LAW
942 _n0
948 _c04/03/1997
999 _c3332
_d3332