POSSESSION OF A TENEMENT

Dominion, Volume 11, Issue 161, 27 March 1918, Page 5

POSSESSION OF A TENEMENT

MAGISTERIAL DECISION. Reserved judgment was delivered by Mr. S. E. M'Carthy,.S.M., in the Magistrate's Court yosterday in tho case in which John Frederick Kueh, Lena Kuch, and Frederick Huch, jnr., proceeded against William John .Bolder on ejectment summons, olaiming possession of tenement situate at 720 Tho Parade, Island Bay, and £13 6s. rent. In October last the tenement was let to a former tenant oMier than the defendant at 17s. 'a week. Tho defendant took ovor the tenement from the prior tenant without reference to the plaintiff, whom defendant subsequently waited on, and who after consultation agreed, to pay 19s. a week. There was no agreement as to the length of tenancy. The plaintiff swore he wanted possession of the teuement solely as a home for himself and family, which consists of six persons, mostly adults. Continuing, the Magistrate said': "Tho plaintiff and family Tiave been living in. five rooms attached to Lib pork butcher's shop in Cuba Street. There is a by-law prohibiting human beings livjing in such a shop. For somo time the local authority has been threatening plaintiff to withdraw his business license unless he and his family cease to live in the Cuba Street shop. The plaintiff has not, hitherto, paid much attention to the threats, of the local authority. His real reason for instituting those proceedings was to punish defendant for forcing him to effect repairs and for refusing to pay the higher rent. The plaintiff. does not suggest he intended to make' any addition to the tenement. He has not convinced me he wants it for himself and his family."

The summons for possession was dismissed, and the plaintiff was ordered to pay defendant's costs, 21s. The Court gave judgment for plaintiff for rent, £11 18s., less amount paid into Court, costs 135., and solicitor's fee, 265. .