BANK MANAGER WINS TENANCY CASE

Wanganui Chronicle, Volume 90, Issue 164, 17 July 1946, Page 5

BANK MANAGER WINS TENANCY CASE

SERVICEMAN ISSUE Both parties were servicemen within the meaning of the Fair Kents Act, but defendant and his wife were under the greater degree of hardship, said Mr. J. H. Salmon, S.M., in the Wanganui Magistrate's Court yesterday in delivering a reserved judgment in a tenancy case.

Plaintiff was Mrs. Lorna May Millward, who had claimed possession of a rented house in Tarata Street, St. John’s Hill, from Mr. J. T. R. Harland, Wanganui bank manager. At the original hearing a week ago it was stated that Mrs. Millward, owner of the house, had served as a W.A.A.C. during the war and that Mr. Harland, the tenant, had also served as a member of the New Zealand Military Forces.

In his judgment the Magistrate ruled that' both plaintiff and defendant had been mobilised for military service as defined by the Fair Rents Act. and that therefore the question at issue was one of comparative bardshin. Mr. Salmon said that lie was satisfied from the evidence given that Mrs. Millward did not want the house for her own use. but for the purpose of selling it. The greater hardship in the circumstances was on defendant Harland and his wife, and jndement must thnre f ore bp given for him.

Mr. 13. C Haggitt appeared for nlaintiff and Mr. J. M. Hussev for defendant.