Complaint Against Tenant

Manawatu Times, Volume 64, Issue 174, 26 July 1939, Page 10

Complaint Against Tenant

MAGISTRATE DMPOSES PENALTY Reserved judgment was delivered in the Palmerston North Magistrate’s Court yesterday in tho case heard a fortnight ago in which Miss Mary Roots sought possession of a dwelling she owned and which was occupied by Harry Mangham. At the conclusion of the hearing Mr. 11. P. Lawry, S.M., intimated that he would inspect the premises, and in the course of his judgment yesterday, observed that although plaintiff had established that waste had been committed under the Act, he had discretionary powers about making an order for possession. Mangham’s allowing the rear of the section /to become overgrown was of no great moment and it did not seem that the alterations carried out at the back door and porch had reduced the value of the property in any way although it had been an unwarranted interference with the dwelling. The alterations should not have been made without the owner’s approval. The same remarks applied to the cutting of tho hedge which was not intended to be of an ornamental nature but a wind-break. His Worship thought that the trees had not been so high that they had interfered with the use of the rooms of the house looking out on to them.

His Worship thought the position could be met if he gave judgment for possession which would bo suspended if defendant paid plaintiff’s costs of the Court action and a suili of £5 by way of damages. At tho hearing Mr. G. M. Rowe appeared for plaintiff and Mr. A. M. Ongley for defendant.