POSSESSION SOUGHT

Bay of Plenty Beacon, Volume 6, Issue 88, 9 July 1943, Page 5

POSSESSION SOUGHT

MATATA HOUSE DISPUTED ELDERLY COUPLES PLIGHT Soi unusual were the facts revealed regarding the circumstances of a family of eight living in a house at Matata, that the Magistrate, Mr E. L. Walton, after hearing the evidence submitted to him at the Whakatane Court sitting last Tuesday, made out an order for possession against the present occupier Cyril* L. Hawthorne within a month. Mr B. S. Barry who represented the plaintiff, William Adams llimmer, stated that his client, was an elderly man in very poor health, who was living in his son's house at Manawahe. He would prove that the need of the plaintiil was in this instance infinitely more pressing that that of the tenants. Under doctors orders, Mr Ri miner had been ordered to live down on the flat and had bought the house in .question with that end in view. Hawthorne, he alleged, who was only paying ?s weekly had: made no effort whatsoever to find alternative accommodation and, had even refused to allow the elderly couple to share two of the rooms, the house being a sixroomed one. x Mirs L. M. Rimiiier in evidence said, that she had six sons at the war and that her husband's condition made it imperative to get away from their present living quarters at Manawahe. Mr Ray, of Te Puke;, appeared for Hawthorne, who in evidence said that his job was in Matata and that he had. made every effort to find alternative accommodation but without success. Cross examined by Mr Barry he admitted hat a house was offered to him but that the rent was excessive though he could not state the figure. He lfad taken no steps to get in touch with the owner. He also admitted that his brother was. now living in his lather-in-law's house on his own. Observing that the defendant had not endeavoured to' help himself, the Magistrate made out tile order referred to and entered judgment for rent arrears amounting to £4 lis.