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BOWLES v. HALL

December 28, 1945

BOWLES, Price Administrator,
v.
HALL et al.



The opinion of the court was delivered by: MCVICAR

This is an action by Chester Bowles, Price Administrator, for injunctive relief against Daisy Hall, defendant landlord, and the Sheriff in a writ of execution issued on a judgment procured by her in Fayette County, Pennsylvania, against her tenants M. P. McDonough and his wife, Mrs. M. P. McDonough. The Court, after hearing, makes the following findings of fact and conclusions of law:

Findings of Fact.

 1. On March 7, 1942, and prior thereto and continuing until the present time, Daisy Hall, defendant, has been and is the owner of real estate located at 385 Coolspring Street, North Union Township, Fayette County, Pennsylvania, upon which is located an eight room dwelling house on two floors.

 2. On March 7, 1942, Daisy Hall by a written lease, leased to M. P. McDonough and his wife said premises, reserving two rooms for herself therein, at a monthly rental of $ 30 per month, the lease to continue from month to month.

 3. The rent specified in said lease was $ 30 per month.

 4. August 11, 1945, the Area Rent Office of the Office of Price Administration reduced the rent on said premises from $ 30 per month to $ 28 per month, retroactive to August 1, 1943.

 5. The tenants paid to Daisy Hall all rent due her under said lease as modified by the Area Rent Office up to and including the present time.

 6. Daisy Hall served notice upon the McDonoughs, her tenants, that she desired possession of the premises leased for her own use. Several notices were served, the first being in the year 1943.

 7. Section 6 of the Rent Regulation for Housing, aforesaid, provides:

 'Sec. 6. Removal of tenant -- (a) Restrictions on removal of tenant. So long as the tenant continues to pay the rent to which the landlord is entitled, no tenant shall be removed from any housing accommodations, by action to evict or to recover possession, by exclusion from possession, or otherwise, nor shall any person attempt such removal or exclusion from possession, notwithstanding that such tenant has no lease or that his lease or other rental agreement has expired or otherwise terminated, and regardless of any contract, lease, agreement or obligation heretofore or hereafter entered into which provides for entry of judgment upon the tenant's confession for breach of the covenants thereof or which otherwise provides contrary hereto, unless;' the landlord 'seeks in good faith to recover possession of such accommodations for immediate use and occupancy as a a dwelling for himself * * * .' Sec. 6(a)(6).

 8. Daisy Hall, the defendant, in seeking to recover possession of the demised premises does not seek in good faith to recover possession thereof for immediate use and occupancy as a dwelling for herself.

 9. The tenants have not ousted Daisy Hall, the landlord, from possession of rooms reserved by her in the lease by padlocking or otherwise.

 11. On October 26, 1945, the attorney for Daisy Hall filed a paper with the Sheriff directing certain credits to be given the tenants for rent, which was contrary to ...


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