SUPREME COURT.

Wairarapa Age, Volume XXIX, Issue 8245, 25 September 1906, Page 6

SUPREME COURT.

AH LOP v. DONALD,

His Honor the Justice delivered his reserved judgment in the case of Ah Lop v. Donald Donald, at the Wellington Supreme Court on Saturday. In this action the plaintiff sued defendant for damages ■for breach of a coveuant for quiet enjoyment under a lease. 'A'he defendant owned a piece of land near Masterton, and on June 4th, 1838, he leased the land, which consisted of 32 acres 2 roods, to the plaintiff for a term of twenty-one years from July Ist, 1887. The rent for the first flvo years was flxod at £65 per annum, and for the rest of the term at £l6? 10a per annum. At the time of the lease the laud was under mortgage by the defendant to the Bank ol New South Wales. The plaintiff entered into possession and remained in possession for several years. In 1805 the bank and the defendant conveyed the laud on sale to Ah Lin and Wing king. He paid them two half-yearly instalments of rent, and then a dispute occurring between him and Ah Lin and Wing Sing they gave him verbal notice to quit, and some weeks afterwards lie did quit. Tno question was could ho sue the defendant for damages on the covenant for qoiet enjoyment implied in the lease? The plaintiff claimed £SOO damages. His Honor said he had to 1 consider that the rent fell into arrear, and that the fee simple of the land was sold for £1,200. if the lease was profitable, so that the tou ant could have reasonably expooted to pay the rent, the freehold should have brought more than double what it did bring. An investment at 5 per con 1 ;, of the purchase money would have only given a return of £6O a year. Hia Honor was of opinion that the non-payment of the rent by the plaintiff, L an d the fact that the judgment could not be enforced against him at the time, and the price ttio property realised showed that the lease waß not a profitable one. and the plaintiff could not claim any substantial damages for the evictior. All he was entitled to was some damages for interference with his lease, and that damage was assessed by his Honor at £25 and costs (£lO 10s), witness's expenses, and disbursements. Mr P. L. Hullings was counsel for plniutiff, and .Mr Skerret for defendant.