TENANCY CF LAND

Sun (Auckland), Volume III, Issue 915, 7 March 1930, Page 11

TENANCY CF LAND

FISHERMEN AT VARIANCE OWNER GRANTED POSSESSION From Our Oxen Correspondent HAMILTON, Today. Reserved judgment by -<lr. Justice Smith was given in the Supreme Court today in the case heard a few days ago/ in which George Henry Reading sued Albert 1 Blank for possession of certain land at Kawhia on which defendant carries on a fishery The parties are both fishermen ana the section in question is situated on the water frontage. Plaintiff was the owner of the section and gave defendant the right to occupy it, representing he could create an extensive fishery business at Kawhia, with facilities for marketing products in inland towns along the Main Trunk line. As a result of these representations, plaintiff agreed to lease to defendant the land free of rent for three years, a consideration being the right of plaintiff to enter into partnership in the business upon payment by plaintiff of his share of the cost Plaintiff alleged the terms of agreement which were drawn up by a land c/gen t were broken by defendant, who thus became a statutory mcnthlv tenant, and such tenancy had been determined by due notice in writing. Defendant. however, refused to vacate the land. His Honour said the plaintiff appeared to be a man of simple mind ano trusting disposition who had lived a* Kawhia. for 18 years. Defendant was a recent arrival in Kawhia and appeared to have had more experience of the world than the plaintiff. In his Honour’s opinion the agreement was not one of which the court would grant specific performance, and defendant had no higher rights than those of statutory monthly tenant. Judgment was given for plaintiff for possession and mesne profits at the rate of £1 a week from November 16, 1929, till the date of judgment, also costs on the middle scale us on a claim of £l5O, together with witness’s expenses and disbursements.