COMPLICATIONS OF A LEASE

Dominion, Volume 11, Issue 293, 30 August 1918, Page 6

COMPLICATIONS OF A LEASE

A RESERVED JUDGMENT.

The Registrar of the Supreme Court' yesterday morning read the judgment of His Honour Mr. Justice Stringer m the case brought by Richard Bovan and William Bevan, plamtills, against George Bevan, Thomas Beyan, Robert Bevan, and others, and the Public Trustee, defendants. His Honour was asked to determine certain questions which had arisen in the course or tho carrying out «f the decree made in the. action on April 19, 1910. The first question was: "What is the■ proper amount of the rent payable oy the plaintiffs as lessees under lease dated September 21, 1903, from J nomas Bevan, sen., and Haana, Peweno to Edward Bevan, so far as the same may be modified by certain subsequent agreemonts?" I His Homur said that the rent reserved by tho leaso was £150 a year, and by a memorandum of instructions, of the effect of which plaintiffs had notice, it was provided that on the death or bankruptcy of the lessee, idward Bevan, the rental should be increased to a sum equal to 5 per cent. on the then curront Government valuation of tho demised land. This memorandum was signed by Thomas Bevan, sou., and by Edward Bevan, but not by Haana Pewene. Subsequently n. deed was prepared for the purpose oc divine; effect to these instructions, and this "(undated) deed was signed by Haana Pewene and Thomas Bevan, sen., but not by Edward Bevan. Jhe v ioint effect of these, documents, His Honour observed, "is clear that upon the death or bankruptcy of Edward Bovin the lease was to be so modined that, as from tho date of such deatli or bankruptcy, the. rent payable thereunder should be 5 per cent, upon tho then current Government valuation or tho properties included in the lease in lieu of the rent of £150 a year originally reserved by the lease." Edward Bevan died on June 9, 1911, at which date there was no separate Government valuation of the lands included in the lease, and it was contended for tho plaintiffs that such being tho case no readjustment of the rent as contemplated by the parties in the event which bad happened could be effected. His Honour held that this contention, could not be maintained, because thoro was, in fact, at the date of the deatli of Edward Bevan a Government valuation of the lands included in the lease, although such valuation also included other lands not comprised in the lease. The second question'was: "What aro the rights of the plaintiffs and of the said Robert Bcvau under the terms of tho said lease?" After touching on the arguments, His Honour held that the plaintiffs had no rights against Robert Bevan in respect to the land purchased by him from Hakaraia to Wliena or la's successors. At the hearing Mr. O. H. Treadwell appeared for the plaintiffs, and Mr. M. Myers for the defendants.