POSSESSION OF TENEMENTS.

Taranaki Daily News, 10 August 1920, Page 7

POSSESSION OF TENEMENTS.

APPLICATIONS BEFORE COURT. Civil day at the New Plymouth Magistrate's Court yesterday saw more trials of strength between owners of dwelling houses who wished to gain possession and tenants who "sat tight," with varying results. John Logie (Mr. A. Bewley) sued J. H. Tiplady (Mr. R. Quilliam) for possession of a dwelling and £5 10s 6d rent. The latter sum was paid into Court. Mr. Bewley said Logie was the owner of a house which had been occupied by Tiplady for some months. In December last he gave notice to quit, but afterwards inadvertently accepted rent, thus nullifying the notice. Another notice, however, was served on the defendant in June. Defendant owned a house, and endeavored to get possession through court litigation, but did not succeed. Logie heard of a house that was available, and notified defendant. The latter, however, said he wanted his own house. Counsel understood that defendant had instituted further proceeding 3 to get his house, but the case had not yet been'heard. The position was I that Logie was still paying rent for the] vacant bouse he offered to Tiplady, so the latter could have the property if he wished. Logie was living with his son-in-law, there being nine people in the house altogether. In evidence, plaintiff said that his furniture was being stored by Tiplady. Cross-examined by Mr. Quilliam, he said he had owned three houses altogether; he had bought the one Tiplady was occupying, as it was more suitable for his purpose. Counsel said that "to be freed from the worries of landlords," Tiplady had bought a house, but the occupier had nine children, and he was unable to gain I possession through the court. The house [ offered by Logie was a very disreputable old place, and it was really not fit for habitation. Defendant, in evidence, said that he wanted to get into his own house, but was unable to do so. He did not want to be shifting about. Anyhow, the place offered to him wasn't fit to turn into a fowlhou.se. Hia Worship (Mr Bailey): "And somebody is asking lOs a week for it." Counsel: And getting it, too. W. S. Gilbert, who had made an inspection of the vacant house, said the place was rotten. His Worship adjourned the hearing for a week to await the outcome of Tiplady s plaint against the occupier of his house. The adjourned case of Emmalent Russell (Mr. Croker) v. Olive Van de Water (Mr. Billing) was concluded. Counsel for plaintiff said rooms were available -for the defendant if she could go into them. His Worship made an order for possession on or before the 16th, with a view of the parties coming to an arrangement in the meantime, the warrant to be issued within seven days after the date mentioned.