from eviction under the Housing and Rent Act of 1947.
The plaintiff Kaslov, who occupies the premises 822 Vine Street, which were originally leased to his cousin, John Thompson, as a pottery shop, has established that the Commonwealth, with the knowledge that the premises were in fact being used for dwelling purposes, has accepted rent from himself, Kaslov. Therefore, Kaslov is entitled to protection from eviction.
The plaintiff Leone has a lease for 728 Vine Street for occupancy as a barber shop and as an apartment. He is presently occupying part of the premises with his barber shop. The rest of the premises were occupied as living quarters, but are now vacant. Leone is not entitled to protection from eviction from that part of the premises used as a barber shop. However, the Commonwealth may not by eviction proceedings disturb Leone's possession of the remainder of the premises that were formerly used as living quarters.
The plaintiffs Leroy W. Paxson and Julia A. Paxson, who formerly occupied the premises 244 North Franklin Street, vacated those premises on September 23, 1947. Therefore, no party is presently before the Court who has standing to seek injunctive relief with respect to those premises.
Conclusions of Law.
1. This Court has jurisdiction of the subject matter and the parties to this action.
2. The Commonwealth may not, under the facts of this case, evict the plaintiffs Anna Glick, John Lyster, Mae Lyster and Harry Kaslov.
3. The Commonwealth may not evict the plaintiff Vincent Leone from that part of the premises 728 Vine Street that under his lease has been used as living quarters.
4. An order will be entered denying defendants' motion to dismiss the plaintiffs' complaint.
5. A form of injunction may be submitted and will be entered restraining and enjoining the defendants:
(a) From evicting the plaintiffs Anna Glick, John Lyster, Mae Lyster and Harry Kaslov, and
(b) From evicting the plaintiff Vincent Leone from that part of the premises 728 Vine Street that under his lease has been used as living quarters.