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INTERPRETATION OF TENANCY

VALUE MUST EXCEED £200. j

BENEVOLENT LANDLORD'S MISFORTUNE.

'The Magistrate's Court Act appears not to give jurisdiction to make an order for ejectment whpn there is no tenancy if the place exceeds £200 in value," said Mr. E. C. Cutten, S.M.. in giving judgment at the Magistrate's Court this morning in the claim for possession of a dwelling-house (situated at 132, Upper Nelson Street) and mesne profits made by Marguerite Tonar (Mr. Fleming) against Walter Preston (Mr. Dickson). Defendant was given free occupation of the dwelling for a period of six months, at the end of which, he contended, he found it impossible to obtain another lomicilc. The magistrate said that in view of the provision of the Act no order for ejectment could be made. On the claim for mesne profits at the rate of £1 1/ a week for the 28 weeks during which occupation was continued after the six months he held that after taking into consideration the result of a personal .nspection £1 1/ a week was a reasonable claim, and gave judgment accordngly for £20 8/. j I

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Permanent link to this item

https://paperspast.natlib.govt.nz/newspapers/AS19210705.2.28

Bibliographic details

Auckland Star, Volume LII, Issue 158, 5 July 1921, Page 4

Word Count
186

INTERPRETATION OF TENANCY Auckland Star, Volume LII, Issue 158, 5 July 1921, Page 4

INTERPRETATION OF TENANCY Auckland Star, Volume LII, Issue 158, 5 July 1921, Page 4