448 A.2d 221 | Conn. Super. Ct. | 1982
On May 30, 1980, the plaintiff instituted this three-count summary process action against the defendants seeking possession of premises located at 101 Litton Avenue in Groton. The defendants pleaded the special defense of retaliatory eviction, as defined in General Statutes
After reviewing the record, we find sufficient evidence from which the trial court could conclude that the respective tenancies between the parties had terminated. The defendants had not paid rent; neither were they holding pursuant to a lease agreement nor did they hold superior title to the premises. See Urban v. Prims,
General Statutes
Moreover, after weighing conflicting testimony, the trial court concluded that the plaintiff did not possess the sole motivation, as required by
Similarly, we reject the defendants' claim that the trial court wrongfully refused to hear testimony relative to the existence of a certificate of occupancy. Because this claim was not specially pleaded as a special defense, the court was not bound to hear evidence on it. DuBose v. Carabetta,
Finally, we agree with the defendants that the trial court erred by holding them in contempt for failing to pay use and occupancy as ordered by the court. The remedy for noncompliance with
There is error in part; the case is remanded with direction to vacate the contempt order.
BIELUCH, COVELLO and F. HENNESSY, Js., participated in this decision.