AU YEUNG HUNG PAN BENES v. LEUNG NAI CHUNG

IN THE COURT OF APPEAL

1993, No. 55
(Civil)

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J U D G M E N T

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Litton, J.A.:

1. This is an appeal by the respondent to proceedings in the Lands Tribunal. The appeal is against the judgment of the presiding officer made on 19 March 1993. At the hearing on 19 March the applicant landlord appeared but the appellant failed to appear. The judge heard the evidence of the landlord, found the matters alleged in the Notice of Application proved and gave judgement for possession of the premises and arrears of rent since 11 September 1992. It is against that decision that Mr. Leung now appeals.

2. The only ground of appeal we need to deal with is the averment that the landlord was not the owner of the premises claimed. That is not a matter relevant to the issues between the parties. The fact is that there was a relationship of landlord and tenant between the parties. The landlord's claim was based upon that relationship. He succeeded in those proceedings. Whether the landlord was the registered owner is not relevant to this appellant's liability. For this reason the appeal is dismissed, with costs.