POSSESSION OF DWELLING

Chronicle (Levin), 15 July 1946, Page 4

POSSESSION OF DWELLING

MAGISTRATE MAKES ORDER . t: Seekihg an order for possessioti of a four-roomed house in Beach Road, Levin, Brian Leslie Everton proceeded against Robert Marfcin in the Levin Court on Friday before Mr.. A. M. Goulding, S.M, Everton was represented by Mr. N. M. Thomson, while Mr. James Todd appeared for Martin. Everton said that the house was essential to his business as a butcher, which required that an erhployee should live near to the abattoirs. He had" engaged Martin, first as a driver taking rrieat from Levin to Wellington and then as a spare driver and a carcase sorter at the abattoirs. He paid Martin the award irate of pay, with the house rent free. In February Martin terminated his employment on his owh initiative, and was asked to leave the house. He had not done so. The house was essential, as without it, labour was iinpossible to obtain. For Martin, Mr. Todd advised that he was willing to giye up the house if another was obtainabl'e. In evidence Martin said that the weekly rent value of the house was £1, which was the figure ph led on it by Everton. " His first job was driving a meat truck. He could have done this just as well from a house in Levin. In his second job as spare driver and sorter, it was not necessary that he live near the abattoirs. His working hours were irfegular. He had been liable. for call at any time to yard stock or similar tasks, although he did this work only to oblige Everton. In reply to questions by Mr. Thomson, Martin said that his lorry was housed at Everton's. It was not necessary to live in the house to hold the job. He admitted that Everton had told him of a house in Gladstone Road, five miles from Levin, but that he had beeh informed by a formef tenant that it was unsuitable. Be had tried very hard to get ahothei* house. He was not able to go back to Wellington, where he had resicL ed formerly with his mother. At the time" of the terminatioh of his employment it was impossible to do so, as his mother had boafders ih her house. Since theh his mother had become ill, and the house had been disposed of by the Public Trust Office. He had tried to get this house, but it had been impossible. Mr. Goulding ruled that the case was one where the house was reqliired for the mah in the job> and gave an order for immediate possession to Everton, which meant that Martin ;had 28 days to find another house. A claim for damages by Everton, incurred while Martin was in possessibri, was adjourned sine die.