POSSESSION OF HOUSE

Bay of Plenty Beacon, Volume 9, Issue 83, 7 June 1946, Page 5

POSSESSION OF HOUSE

ACTION BY FARMER OWNER DEFENDANT WINS CASE The extreme shortage of houses and the many problems attaching thereto was once again instanced in the Whakatane Magistrate’s Court before Mr E. L. Walton, S.M. on Tuesday, when Clarence Roy Dally, a returned serviceman farmer of Edgecumbe, sought possession of a cottage on his farm occupied by Raymond Percival Shaw, an employee of the Rangitaiki Plains Dairy Company. Counsel in the case were Messrs L. Buddie and B. S. Barry for the parties respectively.

In evidence, plaintiff (C. R. Dally) 'indicated that he was a returned • serviceman, and had obtained his property under the Rehabilitation ; scheme. This was his second season, and he was milking 70 cows. His farm had been placed by the Rehabilitation Department in the category for training ex-servicemen graded C, that was, men who had had little or no experience on the land. Regrassing Advised During the time he had been farming his land, he had experienced considerable trouble with bloat. Both the Chairman of the Farming Sub-Committee and the Fields Inspector of the Department of Agriculture had inspected his property, and had advised him that he would have to regrass most of his farm. The only assistance he had had on the farm at that time was a boy, who had subsequently met with an accident and lost the sight of an eye. THe lad was still on light work only. Prior to this he had endeavoured to secure the services of a married man, but could not do so as he was unable to guarantee a house. For the past few months, however, he had had a married returned serviceman in his employ. He was able to offer single accommodation only, • and the man’s wife and child were at present in Thames. The arrangement was that he (Dally) would secure married accommodation as soon as possible. It was impossible to run his farm with the services of a boy only.. To Mr Barry, plaintiff admitted that Shaw had been a tenant at the time he had purchased the farm. He had not told Wilson, the married exserviceman in his employ, that married accommodation would be available. There was no truth to the allegation that he had been away from his farm for several periods. He had only been absent for several i days at different intervals. There Lwere five rooms in his own house. defendant had offered to Vacate the cottage as soon as alternative accommodation was available, Rie had not been able to locate any [other place for him. Employee’s Evidence

Jack Lewis Wilson, in evidence, that he was a married returned serviceman graded C for farming, and was employed on Daily’s farm. The arrangement was when he joined Dally that an endeavour would be made to get accommodation for him. Mr Barry: Were you told you would be given married accommo- ■ dation? Witness: No. I was given to understand that an effort would be made in that direction. Charles Robert Wilson, Chairman -of the Farming Sub-Committee of the Rehabilitation Department, gave evidence to the effect that he had inspected plaintiff’s property with a view to seeing what could be done about the bloat problem. It had been decided that regrassing was necessary, and for this job Dally needed adequate and efficient, assistance. No Other Accommodation Mr Barry submitted that the hardship definitely fell on the tenant, as plaintiff himself had admitted that there were no other houses available. Plaintiff had a large house and although it might be a little inconvenient, he could perhaps accommodate the two families. Defendant in evidence said that he had lived in the cottage on Daily’s farm with his wife and three children, for three and a half years. He had no idea where he could get a house elsewhere, although he had made every effort. He had even been prepared to change his job if he could find suitable accommoda-

tion elsewhere. He was prepared td move into the Whakatane Borough if he could obtain a house. Mr Buddie: You say you would be satisfied to obtain a house in the Borough if you could. Your mother-in-law has a house in Whakatane which is shut up. How many rooms are there?

Defendant: Five I believe. She is away 'on holiday.

Mr Buddie: Does she not have boarders?

Defendant: She has dispensed with them at the moment while she is on holiday. Mr Buddie: Would it not be possible for you to go there? She has dispensed with her boarders. You are asking Dally to share his house with an employee and a strange family, yet you could go and live with your mother-in-law. The Magistrate observed that the plaintiff had shown that he had need of the house, and had brought up the question of hardship. It appeared, however, that more hardship would fall on defendant than plaintiff. The former’s only alternative was to take his family out on the road. Plaintiff’s alternative was to house his employee in his own house. Judgment would be for defendant with 'costs.