CLAIM FOR POSSESSION.

Gisborne Times, Volume XXVII, Issue 2575, 9 August 1909, Page 2

CLAIM FOR POSSESSION.

—* JUDGMENT FOR PLAINTIFF. On Saturday Mr W. A. Barton, S.M., delivered the following judgment in the easo of Fredrick J. Lysnar (Mr. L. T. Burnard) v. Gus Manning (Mr. T. Alston Coleman). “Tlie plaintiff claims possession of a certain tenement containing six rooms and situate at Makaraka, being sections 30 and 31, township of Roseland, the tenancy of which has been determined by the plaintiff by a legal notice to quit and by demand of possession, and the plaintiff further claims the sum of £8 16s Bd, the rent and mesne profits of the said premises (including one horse box at Is lOd per week) from Ist March, 1909, to date, less the sum of £3 paid by defendant on account. After carefully' considering tho evidence and authorities quoted, I am. of opinion that plaintiff is entitled to succeed in this action. Counsel for defendant contends that plaintiff has a right to hold the premises by virtue of a lease purported to be given by one Harry Aston, as agent for plaintiff. Looking at all the surrounding circumstances, it appears to me to be unreasonable to suppose that plaintiff should have given Aston authority to sign such a lease on his behalf. I am satisfied that he did not do so, and that Aston could not have thought that he had any such authority. For reasons best known to himself, Aston did purport to lease to defendant, but in my opinion it is not worth the paper it is written upon. In reference to the question of title, I am clearly of opinion .that the question is not bona fide in dispute in this question. And lastly, as to the tenancy, I am satisfied that it was a weekly one, and, that being so, the necessary notice of termination was given before the commencement of these proceedings. I do therefore order that plaintiff recover possession of the premises,, and judgment for rent and mesne profits and costs. Warrant to issue for possession by the 14th inst. if possession he not sooner given. Costs of Court £3.”