[DOWNLOAD] "Heindrich v. Dimas-Aruti Et Al." by District of Columbia Court of Appeals. " Book PDF Kindle ePub Free
eBook details
- Title: Heindrich v. Dimas-Aruti Et Al.
- Author : District of Columbia Court of Appeals.
- Release Date : January 19, 1945
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
RICHARDSON, Chief Judge. Judgment for possession was entered in a suit by owners of a dwelling house and the defendant tenant
has appealed. The only disputed issue was whether the plaintiffs established their right under Sec. 5(b)(2) of the District
of Columbia Emergency Rent Control Act 1 authorizing repossession when 'The landlord seeks in good faith to recover possession
of the property for his immediate and personal use and occupancy as a dwelling.' Plaintiffs, who are husband and wife, purchased
the property involved in September, 1944. Defendant was then tenant under a lease expiring December 31, 1944. The premises,
containing fourteen rooms, were used as a rooming house and occupied by more than twenty persons. Notice to quit at the termination of the lease was seasonably given. When the lease expired suit for possession was filed.
At the trial, which was before the court without a jury, the plaintiff husband testified that after service in the Army he
had been discharged in 1944 and returned to Washington intending to resume the practice of dentistry; that he and his wife
were occupying rooms in a house adjoining the premises in suit, their household goods were in an Army warehouse in New York
City, they had been unable to find a suitable house for sale or rent prior to the purchase of this property, and that he had
bought it for the personal use and occupancy of himself and family. He knew then that it was subject to a lease which would
expire on December 31, 1944. The wife testified briefly that they had purchased the house for a home for themselves and their
relatives.