OWNER’S CLAIM

Greymouth Evening Star, 4 December 1946, Page 3

OWNER’S CLAIM

POSSESSION OF GREYMOUTH HOUSE DECISION against tenant Claiming that his present home was too small for his family, A. E. Mayell, of Cobden, in the Magistrate’s Court at Greymouth this morning, sought to obtain possession of a house on the corner of Shakespeare street and Kilgour road, Greymouth (one of the three houses he owns) from E. W. Jefcoate (Mr. A. M. Jamieson). Evidence was given by the plaintiff who stated that, there were insufficient bedrooms in the house in Cobden in which he was residing, while it was situated a long way from the Grey Main School, which was attended by his daughter. He declared that when he bought the house in Shakespeare street he had sought possession from the tenant (the defendant), to whom he had offered the Cobden bungalow. He had also arranged for the defendant to inspect four flats in the town, but the latter had declined to shift from the Shakespeare street house, which had four bedrooms.

Defendant's Submissions.

Mr. Jamieson stated that the plaintiff had requested the defendant to change houses “to help him out” as he had had to nurse his mother-in-law. ■ The defendant had agreed until he discovered that the information was wrong and that the mother-in-law had returned to Christchurch. He had then withdrawn his offer. Replying to the Magistrate, Mr. A. A. McLachlan, S.M., counsel stated that only the defendant and his wife lived in the house. “The only thing to be settled then is whether the house in Cobden cannot be regarded as suitable alternative accommodation,” said the Magistrate. Hardship Question. “There is the question of relative hardship.” submitted Mr. Jamieson. The Magistrate replied that once it had been established that suitable alternative accommodation was available, the hardship position would be frustrated. Mr. Jamieson said that it was undesirable that the defendant should shift house at present. Furnishings would have to be bought for the Cobden house while the defendant’s employer planned to complete the construction of flats early next year and this would entail another shift. Counsel would concede, however, that the alternative accommodation was suitable.

Mr. C. R. McGinley, who appeared for the plaintiff, requested that immediate possession be ordered. An order for possession within six weeks (by January 15) whs made, the Magistrate suggesting that if earlier possession was required the defendant could, perhaps, assist with removal expenses.