LANDLORD AND TENANT

New Zealand Times, Volume XLVI, Issue 10689, 8 September 1920, Page 7

LANDLORD AND TENANT

CLAIM FOR POSSESSION. ' PLAINTirii~SUOUFiED. A claim possessing unusual features came before Mr W. G. Riddeli, S.M., yesterday, when Annie O'Sullivan- and William Ellis proceeded, against May Todd to recover possession of a dwelling. An order was made on July 17th for possession of furniture, but owing to illness of one of the parties the case was subsequently adjourned until yesterday. It was stated that plaintiff got some of tho furniture and claimed £22 16s for articles missing and rent £l2 10s. His Worship gave judgment for rent £l2 10s, and allowed £l7 for missing goods, but nonsuited plaintiff Ellis on the claim for possession on the grounds that he was not the landlord when notice waß given, v • The question in regard to possession was resumed. The statement of claim was for either of the plaintiffs to obtain possession of chattels belonging to plaintiff, Annie O'Sullivan. It was explained that on or about Feb-' ruary ■ 22nd, 1919, the plaintiff, Annie- O'Siillivan,- agreed to let to the defendant, and defendant agreed to accept, tenancy of premises in< Drum-, mond street, with tho furniture and effects therein f(£. a period of three months, and that on tho expiry of that term the tenant continued to remain in occupation of the premises and paid' rent (3os per week). On Mav 21st, 1920, the plaintiff, Annie Sullivan, sold the premises to William Ellis, who required the premises for his own use. On June 28th plaintiff, Annie O'Sulivano, sought to obtain delivery of her } fui'niture, but ,tho defendant refused "delivery... v '.~" " , ' ; "".'. ;; '•".." ■ ''-:' \ After hearing evidence, which occupied all tho afternoon, His Worship finally gave judgment for £l7 for missing articles, and iudgment for plaintiff for £29 16a, and costs £3 6s. Mr O. C. Mazengarb appeared for tho plaintiff and Mr W. G. Mellish for the defendant.