WRONGFUL EJECTMENT

Evening Post, Volume LXXXVI, Issue 45, 21 August 1913, Page 8

WRONGFUL EJECTMENT

A LANDLORD'S POWERS. THE LEGAL COURSE. Has a landlord power to eject his tenant without proceeding through the Court to reoover possession of his house? This was the question put before the Magistrate's Court recently in the case of Francis Gerrard Alderton v. Edward Kilis. Plaintiff claimed from defendant the 3um of £20 as damages for wrongful ojeotment from a dwelling in King-street. Plaintiff said that on 14th July defendant ejected frp'm the dwelling plaintiff's wife and children, and deposited plaintiff's furniture and chattels in the yard. Defendant counter-claimed for the cum of £1 88 for rent due. The, defence to the action was that tho Court had no jurieriction. Dr. M'Arthur, in his judgment, del:vered to-day, reviewed the law upon the case, and decided that the Court had jurisdiction. "In the present oase the tenant wae in possession, and the landlord turned him out and locked the door of the tenement. It was the landlord's duty under the circumstances to have come to the Magistrate's Court and entered a plaint for recovery of possession of the tenement." Judgment was for plaintiff on the claim for £5 damages, and for defendant on the counter-claim for £1 Bs. Costs were allowed in both claim and counter-claim. Mr. F. P Kelly appeared for plaintiff, and Mr. W. Kennedy for defendant.