LANDLORD AND TENANT

Waikato Times, Volume 93, Issue 14536, 7 December 1920, Page 6

LANDLORD AND TENANT

EVICTION ORDER REFUSED, A CHECK TO SPECULATORS. Two saddlers —one the owner and the other the tenant, appeared in the Hamilton Court, yesterday, to state, before the magistrate, Mr H. A. Young, S.M., their respective claims to possession of a tenement. • ■ The owner was Thomas Donovan (Mr W. Gray), and the tenant J. Bruce Gibson (Mr A. E. Webb.) The latter has occupied the dwelling for the past seven years, but wiien Donovan purchased it early this year, the latter intimated that he would like possession as tarly as possible, and said he was even willing to occupy half of it until Gibson could secure another house. Gibson has a wife and two children, and Donovan is blessed with similar marital joys. Gibson did not relish the idea of dual occupancy, but said he would get out as quickly as possibly. In the meanlime he arranged, in conjunction with his employers, the Farmers' Co-opera-tive Auctioneering Company, to build a house, which he anticipates will be ready in March, and he asked his'Worship to-day to allow him to remain in possession of Donovan's house until that time. Donovan to'd the Court that he was at present occupying rooms at a financial loss. He admitted, under crossexamination, that during the past 12 months he had acquired three houses end sold four. He wanted this house for a home, and not for speculation, and had offered to allow defendant to occupy portion of it and also to erect a shack on the section.

His Worship said that at the time plaintiff served notice on defendant to quit, the conditions of hardship were about equal. Under the circumstances, considering that plaintiff was speculating, he did not think he was justified in making an order. No order was, therefore, made.