AN EJECTMENT NOTICE

NZ Truth, Issue 693, 28 September 1918, Page 6

AN EJECTMENT NOTICE

A Soldier's Wife

A House for Major Lusk.

(From "Truth's" Auckland Rep.)

There were some peculiar features heard last week m the case of an action brought by Mr. W. H. Madill, public accountant, to recover po^pession of a house - occupied ■by a soldier's .wife named Annie Webster, the said house being 1 at the corner of St. ■Stephen's Avenue and Manukau -road, Parnell. " • ' The plaintiff stated that she was • - THE WIFE OF A SOLDIER on active 1 service, and that sh4 had two children depending >. upon her. She took the house under the impression she was to get a lease for two years, and the rental, •• 37s 6d per week, was not to. be increased ■ while the war lasted. Since then the properly had been sold to Major Lusk, and he wanted ; possession, although he knew, defendant asserted, that she depended on the house to support her children m her husband's absence. The case was part heard, and then adjourned till last Saturday. When Mr. F. K. Hunt, S.M., took his seat on the Bench, Mr. Ostler, who . appeared for the plaintiff, produced a memorandum signed by Mrs. Webster m June, 1916, m which it was agreed she should have the house for six months at the rental of 37s 6d. This documental evidence gave the case a new appearance, for Mr. Inder (defendant's counsel) said t showed c.early.;thp nature of the tenancy, but he pointed out that though plaintiff had given Mrs. Webster notice to quit on June 29 he 1 had* accepted rent from the Goverjiihient ■• UP to August 4, and he pleaded favorable consideration for a soldier's wife. The magistrate said he sympathised with defendant, who was using the place as. a boarding-house, but he was of the opinion that m law the PLAINTIFF. WAS ENTITLED TO POSSESSION, as he had sold the property, and the purchaser (Major Lusk) wished to live m it. He gave judgment for .the plaintiff, and allowed the defendant jthree weeks to obtain another house.