Benjamin Moylan, Executor of John Moylan, Tenaft; Finch, Landsord

• Jurisdiction: Ireland
• Court: Land Commission (Ireland)
• Judgment Date: 20 February 1891
• Date: 20 February 1891

Land Com.

Before BEWLEY, J., and FITZ GERALD and WRENCH, Commrs.

BENJAMIN MOYLAN, EXECUTOR OF JOHN MOYLAN, TENAFT; FINCH, LANDSORD

Massy v. NorseUNK 20 L. R. Ir. 57, 464.

Sparrow v. HepenstallDLTR 24 Ir. L. T. R. 65.

Roe v. CooneyUNK 14 L. R. Ir. 243.

Seymour v. Quirke Ibid. 455.

Seymour v. Quirke Ibid. 464.

Roe v. CooneyUNK 14 L. R. Ir. 247.

Lease by limited owner for lessor's entire interest — Contemporaneous expiration of lease and lessor's ——

332 LAW REPORTS (IRELAND). [L. R. I. BENJAMIN MOYLAN, EXECUTOR OF JOHN MOYLAN, TENANT; JOHN FINCH, LANDLORD (1). Lease by limited owner for lessor's entire interest-Contemporaneous expiration of lease and lessor's interest-Lease existing at passing of Land Law (IreÂland) Act, 1881-Lessee deemed to be a tenant of present tenancy-Land Law (Ireland) Act, 1887, s. 1-Land Law (Ireland) Act, 1881, s. 21. Where a lease, existing at the passing of the Land Law (Ireland) Act, 1881, has been made by a limited owner for the whole of his interest, and where the lease must necessarily determine with the expiration of the lessor's estate, the lessee, if in bona fide occupation of his holding, has a right, under section 1 of the Land Law (Ireland) Act, 1887, to have a fair rent fixed against such limited owner. APPEAL from an order of the Sub-Commission, dated the 23rd July, dismissing the originating notice served on behalf of John Moylan, to have a fair rent fixed for his holding under Captain John Finch. The material facts of the case are sufficiently stated in the judgment of Bewley, J. T. Pakenham Law, Q.C., for the landlord. W. C. Hennessy, for the tenant. The judgment of the Court was delivered by BEWLEY, J. :- The tenant in this case holds part of the lands of Tullamore or Clareen, in the County of Tipperary, under a lease dated the 27th May, 1872, made by John Finch, the present landlord, to the late John Moylan, for the life of the lessor, at the yearly rent of £109 16s. 7d. At the time the lease was executed the lessor was (1) Before BEWLEY, J., and Fun GERALD and WRENCH, Commrs. VoL. Q. B. & EX. DIVISIONS. 333 and still is tenant for his own life of the lands in question, under Land Can. the limitations contained in the will of the late William Finch, 1891. dated the 15th June, 1860. On the 16th September, 1887, the tenant, as being the lessee in bona fide occupation of the holding, served an originating notice under the provisions of the Land Law (Ireland) Acts, 1881 and 1887, of an application to the Court to fix a fair rent of the holding ; and the case having come on for hearing before a Sub-Commission, an order was made on the 23rd July, 1888, dismissing the application, on the ground that the lessee would not at the expiration of his lease be entitled to be deemed a present...