LIVING IN TENTS

Wanganui Chronicle, Volume 89, Issue 300, 20 December 1945, Page 3

LIVING IN TENTS

MARTON JUNCTION FAMILY TENANCY OF HCUEI SOUGHT Claiming that for the past three months she had lived in tents at Ma ton Junction with her husband and daughter, aged 17 years, Mrs. B. L. Thompson sought an order in ihe Magistrate’s Court, Marton, for possession of a house at pre ent occupied by J. Jobberns. Mr. K. A. Williams submitted that the sale of the house had been completed on November 6, 1245, when plaintiff’s farm lease expired. They had been living in tents and suffering great hardship because of the weather. After hearing evidence and submissions by both counsel, Mr. A. Coleman, S.M.. reserved his decision. Mr. Williams said plaintiffs had a daughter, aged 17, who worked in Marton, another daughter who was waiting to go home to arrange for her marriage next year, and a son, aged 27, who was stilj in hos ital after six years in the Armed Forces. He was seriously injured two years ago In an accident overseas and since then had been in hospi al almost continually.

Defendant was a married man, chiel clerk at Marton Junction Railway Station, and had no children living at home. He had one son working at Palmerston North, who came home at week-ends. Plaintiffs had tried to find al ernative accommodation for defendant and ht one stage a flat was made available, but this was refused, said Mr. Williams. There would be another flat available on January 14. he said.

Living in tents had been very bad in the cold weaiher, said Mrs. Thompcon, and hailstorms had so badly torn the canvas that one tent had to be repaired with a tarpaulin. The house occupied by defendant had seven rooms, and was occupied by M”. and Mrs. Jobberns only, but when a hailstorm had soaked bedding and clo fling. she had been refused a room for the night. Cross-examined by Mr. J. R. L. S anford. who appeared for Jobberns, Mrs. Thomn on said the only reason she did not try for accommodation at a nea by hotel that night was because she did not have dry clothes.

Her son was expected home from hospital shortly, and would not be able to work, said Mr. Thompson. She* had been trying for some time to find alternative accommodation for Mr. and Mrs. Jobberns and at one time found a fla with a bedroom, sitting room, kitchenette and bathroom for 30s a week. It was offered to defendant and his wife, but refused.

Cros--examined by Mr. Stanford, Mrs. Thompson said it was not possible for her and her family to have taken the flat, as they were milking cows on a Junction section. Her daughter’s fiance had a house in Mar-

ton, but it was almost pulled to pieces, being repaired. Mr. Stanford submitted that as notice to quit, received by Jobberns, became operative on a Saturday, and weekly rentals were paid up to each Tuesday, a “non-suit" was evident, as the tenancy was weekly and the notice to quit, and rental, should be operative on the same day. The point is to be considered by the magistrate.

Jobberns was a returned serviceman from the last war, and was still suffering from injuries received on active service, said Mr. Stanford. He worked irregular hours, and as a transport officer in the railways was likely to be called upon at any time. He had occupied the present house four years seven months. He and his wife lived in the house, but one son, recently discharged from the Army, worked in Palmerston North, and because he could not get board there at the week-ends, came home to Marton. In evidence, Jobberns said he had looked at six or eight houses, but all had been for sale. He had an application in for a State house, and his wife had gone to Wellington to interview the secretary for State housing. A small flat would be of little use, as in his 25 years of married life he had accumulated a large amount of furniture, and it was impossible to store it in Marton.