POSSESSION OF HOUSE IN SHANNON

Chronicle (Levin), 14 August 1947, Page 3

POSSESSION OF HOUSE IN SHANNON

A voxod claini for possossioii of a house in Giey .Street, Shannon, ivas contested in the M agistrate 's Court at ]jPalu.ierstOu . North, .yesterday before j Mr. C. C. iMarsaelt, SJM. The parties were Lionel (iraham Sayer, builder, married with seven children, and Gavin Mclntvre Paik. hawker, married but. living apart from his wife. Mr. J. A. Oijgfey appearetl for Sayer and Mr. G. Crosslev for I'arli.

Tlie hearing occupied the attention of tlie Gourt for a f'ull day, and at the suggestion of the Magistrate oue strong j endeavour was made to krrive at an amicable settleme'nt between the two parties to the dispute, but -vvithout suceess. Sayer claimed that he was the owner of a house in Grey Street, part of which was occnpied by Park. Notice to quit had been served on Park on Mareh because Sayer required the house for his own oceupation, but Park had failed to coniply, and Sayer sought an eviction order, plus arrears of renl from January 2b to August 12. In his claim Park said he had occupied the house for 12 years. In Mareh, 1946, he had sublct to Sayer three rooms at a rental of £1 a week. In Deceniber Sayer purchased the j house and since that time had unlaw- 1 fully intcrfered with Park's enjoyment j of the house ?.nd curtilage by demolish- 1 ing a car shed used by Park, permitting fovvls to roam over the whoie niessuago and stopping Park from growing vegetables, eutting down fruit trees used by Park in his business, | refusing Park the use of the liotwater j. cupboard, reinoving Park's electric stove and causing otlier inconvcniences. The evidenc.e of both parties was a recital of allegations of pctly annoyances, grievances and incoiiveniences , sull'ered at the hands of each other. When Mr. Crossley moved for a nonsuit of the possession claim by Sayer, his Worship suggested that an attcmpt should be made ty reach an amicable settlement in the matter, and the Court was adiourned to permit discussions to

take place. After a ten-minute intorval, the Magistrate was informed that the parties were unable to reach an agreement. When the Court re'sumed his Worship heard arguments from counsel on the non-siut mot-ion and reserved the point for further cousideration. Both claimg were taken together, and at the 'completion of the hearing the Magistrate reserved his decision.