CLAIM FOR RENT.

Shannon News, 17 March 1922, Page 3

CLAIM FOR RENT.

QUESTION OF TERMINATION OF A

LEASE

A disputed claim for rent was heard in the Magistrate’s Court yesterday morning heiorc Mr J. L. Stout, S.M., when Bessie Smith, widow, of Levin, proceeded against Gabriel Assaff, of 13 Pitt Street, Palmerston North, restaurateur, for recovery of the sum of £l6 15/ alleged to be due as arrears of rent up to October 31 lor a restaurant in Oxford Street. By an agreement in writing the defendant took possession of the place lor 13 months as from July 31. Mr K. Adams appeared for plaint ill and Mr Bienkhorn lor defendant, ’"•riff was not present. ‘ stated in evidence that DMI. '' to September 34, Deiendam -'n released

be had pain rent '--y and tliiit plaintiff had ihc.. Jmu from ins obligation as Hie i„. ness was not paying and taken on a new tenant. Moreover, plaintiff had .taken possession of the restaurant anu occupied tiie premises alter his leaving. lhe< sum of £5 owing up to die date of his departure hart be«m paid into court. David Smart, land agent, said be acted tor plaintiff and that he bad also acted as agent for defendant for the purpose of procuring a subtenant. The sub-tenant stayed onlv ' ° lie lllgiu iu occupation. H e also said plaintiff had not recognised the new tenant in the place of Assad, hut onJy as a. sub-tenant of Assail. The Magistrate held that plaintiff had virtually consented to a cancellation of the tease, and the fact that she had taken possession of the premises alter Assaff’s departure strengthened this belief. Also the fact that the same agent who had secured Assaff lor her as a tenant had also secured the other tenant. On these grounds he would give judgment merely lor the amount paid into Court.