POSSESSION OF HOUSE

Chronicle (Levin), 15 April 1946, Page 2

POSSESSION OF HOUSE

i OTAKI CLAIJW HEABD A claim fbr possession of a house and £9 rent was heard by, Mr. A. M, Goulding,' S.M., in the Otaki Magistrate's Court last week. Plaintiff was Richard Jenkiiis; . -vyh0 was represented by Mr. C. F. ' Atmore, and the defdndant was Edgar Wilton, ;for whom Mr. B. H. Rhodes appeared. ■' Mr. Rhodes informed the court that the rent had been paid, while Mr. Atmore pointed out that all plaintiff wanted was , possession of his house, which was occupied by Wilton. • Mr. Rhodes said that Mrs. Wilton • was a patient at the Palmerston North Hospital. Another house had been offered to Wilton, but was held to be unsuitable. Counsel suggested that the case be adjourned. Mr. Atmore told the. court that Jenkins was a farmer in ; a large way, and badly needed the house for an employee who was to do his milking. ' Another house had been secured for Wilton. In evidencej Walter Jenkins deposed that he was'a farmer and milked over 100 cows. He desired the house now occupied by Wilton for the use of an employee named Giddens, who worked for him. Another place had been secured for Wilton, but' Mrs. Wilton told him that "definitely she would' not go into the house./' She considered it was in a- lonely spot, but this was not so. It. was in , view. of main traffic, was well. situated' otherwise ; and had been, stated by the health officer to be quite suitable. At present Giddens had to travel nine miles each day to his work. Walter Taylor evidenced that the house offered to Wilton was in good condition, nicely situated -and although not in a populated area it was in a good spot. Another witness, A. Giddens said he had accepted a p'osition with Jenkins and the house was needed. He had previously been employed . by a serviceman, who had now returned from overseas, for which reasdn witness had to vacate his present house. To" have to travel nine miles to his work each day was a decided drawb&'ck, particularly as he;had t'o rise before 4 a;m; to get ' td'his work. ' " Mrs.' Giddens, wife of the previous Witness; considered that- the 'house offered to Wilton was not isolated, and that it. Vas in, a good locality. . The 'deferrdant,' Edgar Wilton, stated tha^-aae"'' w.as ;a ,;hairdresser and tobacbhpakfc, and that his wife was at present a patient in the Palmerston - North .Hospital. . .She had" previously been employed at the Tbxtile- Works, . but on. account of . -her" .health had .'been compefled to leave. She was of a nervous temperament and could. not live in an' isolated. place! . They had three sdns who were away during the day, $nd. did not ' arrive home till late at .night, ». i • - ... . To Mr, Atmore: If I could get a' suitable house I would' vacate the present premises immediately. Mr. Rhodes, on account of the state of Mrs. Wilton's health, asked that an order not be made. He therefore asked for an adjournment, adding that in the meantime Mr. Jenkins' employee would not be seriously affected. The Magistrate made an order that possession be given on May 30.