Best v. Strachan

This is an action for a declaratory judgment wherein the plaintiff-landlord seeks to have the court declare the lease between the parties to be at an end; that the plaintiff be placed in constructive possession of the premises; that he be held landlord as to the subtenants; that they attorn to him, and that the court fix the rental of the defendant.

Plaintiff moves for an order pursuant to subdivision 6 of rule 109, and rule 112 of the Rules of Civil Practice, determining that the separate and distinct defenses interposed by the defendant be held insufficient in law and for judgment on the…