ORDER MADE

Timaru Herald, Volume CXLII, Issue 20513, 3 September 1936, Page 4

ORDER MADE

POSSESSION OF HOUSE The first case of its kind under the new legislation was heard before Mr C. R. Orr-Walker, S.M., in the Timaru Magistrate's Court yesterday, when Mary Connell (Mr W. D. Campbell) proceeded against James Olliver for possession of a dwelling in Heaton Street. Plaintiff explained that she had been working in Christchurch and had purchased the property to live in on her retirement. There was no complaint against the tenants. At present she was living with her mother in Craigie Avenue. “Is there anything to prevent you from living with your mother?” asked defendant. Witness’. I want my own house. That is what I bought it for. Evidence was given by defendant’s wife that there had been no question of demanding possession until plaintiff had asked for an increase of 2/6 a week in the rent and found that she could not get it. Witness kept indifferent health, and did not wish to leave the locality, which was so central. It would be a hardship to do so. The Magistrate said that plaintiff had sworn that she bought the house to live in. Before June 1 he would have had no alternative but grant the application, but under the new Act the position was different. Defendant claimed that it was a hardship to shift on account of his wife’s health and that they must be handy to that locality. There was no evidence about what defendant had done to get another house and he had been given two months to do this. He was satisfied that plaintiff required tire house for her own use. If the representations had been false and plaintiff let the house again ,’ithin six months she would be liable to a penalty of £5O. An I order giving plaintiff possession on I September 30 was made.