Declines House Possession Claim

Northern Advocate, 2 September 1947, Page 7

Declines House Possession Claim

A claim for possession of a house in Stanley Street failed in the Whangarei Court today. The owner, William Duggan, brought the claim against the tenant, Isaac Mills.

Duggan gave evidence that he had purchased the house last April and subsequently had given notice to quit to Mills.

He was paying 30/- for a small flat and receiving 27/6 from Mills. Mills had told him the house had been for sale and had said he would get out as soon as he could, giving him the impression that he had another house in view.

If he could share the house with Mills he would be better off for accommodation than he was now, Duggan told Mr J. D. Gerard, who appeared for Mills. The agreement for sale had expressly stated that the sale was subject to the tenancy. RETURNED SERVICEMAN

To Mr L. G. H. Sinclair, S.M., Mr D. K. Ross, for Duggan, said he was satisfied Mills was a discharged serviceman within the meaning of the act. The magistrate said he had no option but to give judgment for Mills. If Mills had not been an ex-serviceman, he would have thought the alternative accommodation offered would have been satisfactory, but as it was the act precluded Duggan from succeeding. Costs of £2/2/- were allowed Mills.