TAITA FARM

Evening Post, Volume CI, Issue 51, 1 March 1921, Page 7

TAITA FARM

CLAIM FOR POSSESSION

A claim for possession .of land, damages for brpach of covenant, and arrears of Tent was brought by Annie Deckston, of Wellington, against Ernest John August, before his Honour the Ohief Justice (Sir Robert Stout) to-day.' ■ iVJr. M. Myers appearedl for the plaiwiu, and. Mr. E. P. Bunny for the defendant.

The statement of ..counsel for plaintiff was that Mrs. Deekston was the owner of certain land at the Taita, which, was leased to the defendant for a. period of ten years, from May, 1918. Previously the land had be3n leased and farmed by the defendant's uncte, who had always complied with the covenants, and left it in good order' and condition. 'It was submitted that from the time the diefemdant took over the new -lease, th© plaintiff had .had nothing but trouble with him. The farm had been n. dairy farm, but the defendant 1 did not farm it as a dairy farm. There were two houses on the property, but defendant did not reside there. . It was submitted that the defendant had, by his failure to keep th© houses and the pln.ee in proper order and repair, committed breaches of the covenant. He had sublet the smaller place, ; and had failed to pay- £23 12s Sd county rates and £2 Is 3d River Board rates. It was claimed that the plaintiff had become entitled to re-enter into possession, expel the. defendant, and recover damages for breach of covenant. The plaintiff;claimed, possession of the land, £250 damages for breach of covenant, and money., as rent for the use of the land at a rate of £160 a year as from Ist May, 1920. The defence was a denial of alleged breach of covenant to repair. On the contrary, he had repaired the premises and kept them in repair in accordance: with the covenant. ' (Proceeding.)