And Callan v Same Defendants and Joseph McCann

• Jurisdiction: Ireland
• Court: Supreme Court
• Judgment Date: 01 January 1937
• Date: 01 January 1937

[Sup. Ct., I. F. S.],

Casey

and

Irish Sailors and Soldiers Land Trust

Duggan

and

Same Defendants

Caprani

and

Same Defendants

and Callan

and

Same Defendants and Joseph McCann

- Recovery of possession by occupants of cottages evicted for non-payment of rent - Cottages for men who served with the British Forces in the Great War - Cottages erected and let by the Local Government Board - Cottages subsequently transferred to "The Sailors and Soldiers Land Trust" - Additional cottages erected and let by the said Trust - Effect of decision of Supreme Court that occupants of cottages not bound to pay rent therefor - Invalidity of letting agreements - Nature of occupancy - Recovery of sums paid to the Local Government Board and to Trust as rent -Estoppel - Recovery of possession by occupants of cottages evicted for non-payment of rent -Labourers (Ir.) Act, 1883, ss. 12 and 13 -Labourers (Ir.) Act, 1906, s. 29 - Irish Land (Provision for Sailors and Soldiers) Act, 1919, s. 4 - Irish Free State (Consequential Provisions) Act, 1922, Session 2, s. 3 - Land Trust Powers Act, 1923, s. 1.

By s. 4 of the Irish Land (Provision for Sailors and Soldiers) Act, 1919, the Local Government Board for Ireland were given power to make and carry out schemes for the provision of cottages with or without plots for the accommodation of men who had served in any of His Majesty's forces in the Great War (hereinafter referred to as "ex-service men") and who satisfied the Board as to their fitness and suitability, and, for the purpose of carrying out any scheme when confirmed by the Board, the Act provided that the Board, in addition to their own powers, should have and might exercise all the powers (except that of borrowing or levying a rate) that might be exercised by a rural district council under the Labourers (Ir.) Acts, 1883 to 1919, for the purpose of carrying out an improvement scheme hen confirmed by a final order under s. 6 of the Labourers (Ir.) Act, 1906, including powers of acquiring lands by agreement or compulsorily. Pursuant to s. 3 of the Irish Free State (Consequential Provisions) Act, 1922 (Session 2) (13 Geo. 5, c. 2), and the Land Trust Powers Act, 1923 (No. 25 of 1923), a body corporate by the name of "The Irish Sailors and Soldiers Land Trust") (therein referred to as "the Trust") was established and by the Irish Sailors and Soldiers Land Trust (Transfer of Land) Order, 1924, made by the Minister for Local Government of the Irish Free State pursuant to the said Land Trust Powers Act, 1923, all...