Captain C. J. Coote and Others, Landlords; Thomas Walsh, Tenant

CourtLand Commission (Ireland)
Judgment Date24 June 1905
Date24 June 1905



Land Com.

Landlord and tenant — Fair rent — Declaration and agreement — Filing of — Purchase agreement — Bona fide transaction.

Talbot-Crosbie's Estate (Catherine Duggan's Case)DLTR 39 Ir. L. T. R. 54.

Talbot-Crosbie's Estate (Mary Walsh's Case) Since reported — [1905] 1 I. R. 570.

48 THE REPORTS. {1906. CAPTAIN C. J. COOTE AND OTHERS, LANDLORDS THOMAS WALSH, TENANT (1). Landlord and tenant—Fair rent—Declaration and agreement—Filing of— Purchase agreement—Bona fide transaction. An originating notice of an application to fix the fair rent of a holding was signed, and a declaration and agreement fixing the fair rent was entered into by a landlord and a tenant on a certain day. Subsequently, on the same day, a document purporting to be a purchase agreement was signed by the tenant alone. On an application to file the declaration and agreement : Held, that in the circumstances of the case the application should be granted. Held, also, that in the event of a purchase agreement being afterwards entered into, the fact of the application having been granted did not necesÂsarily involve that the Estates Commissioners would not be at liberty, before taking action in the matter, to satisfy themselves that the entire transaction was a bona fide transaction. APPLICATION to file a declaration and agreement fixing the fair rent of a holding. The circumstances under which the application was made appear sufficiently from the judgment. W. H. Jellett, S. for the landlords, in support of the application. Cur. adv. mat. MEREDITH, J. :— The facts of the case may be briefly stated. The holding consists of 16A. 7R. 2P. held at a rent of £1. On December 22, 1904, the landlord, by his agent, and the tenant, in person, signed an originating notice to fix a fair rent in respect of it. The existÂing tenancy was an ordinary tenancy from year to year, not a judicial tenancy. On the same day a consent was entered into that the fair rent of the holding should be fixed at the sum of 18s. The signature of the tenant was properly witnessed, as pro (1) Before MEREDrrff and Firzemurn, JJ. • vided by the Rules. On the same day, but after these documents Land Com. were signed, a purchase agreement, in the usual form, was signed 1905. by the tenant. The question, so far as the Court is concerned, AND C07E OTHERS, is whether the fact of the purchase agreement having been signed Landlords ; by the...

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