POSSESSION OF HOUSE.

Gisborne Times, Volume LI, Issue 5346, 5 December 1919, Page 6

POSSESSION OF HOUSE.

NOTICE TO QUIT

ILLNESS OF TENANT

VALUE OF IMPROVEMENTS

R. J. Maxwell and R. C. Piesse (Mr Wauchop) sought possession of a house in Willow street, Mangapapa, before Mr J. S. Barton, S.M., yesterday, from J. Race (Mr Burnard) the present tenant.

Mr Waueliop said that Piesse had given notice to quit to defendant on October 8, as the house had been sold to Mrs M. Pierce. On November 2 a further notice was given and an offer of £6 for improvements made, also to assist in the removal of the furniture. Carmen Isabel Currio, clerk employed bv R. C. Piesse, deposed that she typed and posted a registered letter on October 8. giving notice to quit to J. Race. In an interview Mrs Race stated that the offer for improvements was not enough, and witness gathered that the real reason why slie did not want to move was that she wanted to obtain the benefit of the vegetable garden. To Mr Burnard: Plaintiff offered, afterwards, to give £lO for the improvements, but defendant asked £l3 10s. Dr. R. M. Gunn gave evidence for tlie defence that defendant had been ill for several weeks past, and that any kind .of work would he dangerous to him. Defendant was not in a state of health to shift, and required special foods. Me did not think Mrs Race could give the time to tlie work of shifting. To Mr Waueliop: The shifting would not do the man any good. Tlie patient, could he sent to the public hospital. Lucy L. Race, wife of the defendant .T. Race, said that her time was occupied in attending to her husband and her two children. She had to do special cooking for her husband on account of his illness. Piesse fold her husband, before the shed was put up. that _ he would allow for the cost of erection. The timber for the shed cost about £G, and the wire-netting for the garden cost £1 Ss. Piesse told her husband and herself that he had sold the house to Mrs Pierce, who wanted the house for a Mr Brown. , Afterwards Piesse suggested that they should go and live at the house Mrs Brown occupied. and which had been condemned. Her husband had been ill for 10 weeks.

To Mr Wauchop: She did not know how long it would ho before her husband was better. They had lived over two years in the house. She told Piesse that she could not find a house. His Worship intimated he would like to hear the evidence of Mr Piesse. and in reference to whether the purchaser of the house required it for her own use.

Mr Wauchop said that Mr Piesse was ill.

The further hearing of the case was adjourned until Saturday week.