Bhojraj v. Abdulla – sllr 1998 volume 1 page 001

Brief
In the case between the minor purchaser (represented by natural guardian and plaintiff-respondent) and the tenant-appellant, the court addressed whether, subsequent to the sale of premises to a minor daughter with the father acting as her guardian, the contract of tenancy vested in the new purchaser or remained with the original landlord. It was determined that the doctrine “Hire goes before sale” (Huur Gaat Voor Koop) applied, requiring the purchaser to respect the existing lease between tenant and previous owner. This principle was emphasized through reference to Roman Dutch Law, establishing that the purchaser becomes the landlord under the prevailing lease, and the tenant retains rights until the lease is lawfully concluded. The decision clarified the rights and obligations of pa