Cleary, Tenant; Daly, Landlord

• Jurisdiction: Ireland
• Court: Land Commission (Ireland)
• Judgment Date: 08 December 1896
• Date: 08 December 1896

Cleary

Tenant

and

Daly

Landlord (1).

Land Com.

CASES

DETERMINED BY

THE QUEEN'S BENCH AND EXCHEQUER DIVISIONS

OF

THE HIGH COURT OF JUSTICE IN IRELAND,

AND BY

THE IRISH LAND COMMISSION,

AND ON APPEAL THEREFROM IN

THE COURT OF APPEAL,

AND BY

THE COURT FOR CROWN CASES RESERVED.

1897.

Landlord and tenant — Demesne land — Land Law (Ireland) Act, 1896, sect. 5, sub-sect. 1 (b) ii — Onus of proof.

The onus lies on the landlord not only of showing that a holding consists of land which, when first demised, was demesne, but also, under the Land Act of 1896, of proving that it was intended, when let, to be preserved as demesne, or resumed as demesne by the landlord.

This case was heard at Clonmel on the 19th November, 1896, and now appeared in the list for judgment.

Cherry, Q.C., for the tenant.

Cooper, for the landlord.

The facts and question for decision are stated in the judgment of Bewley, J.

Cherry, Q.C., For The Tenant.

Cooper, For The Landlord.

Bewley, J.:—

This was an appeal by the tenant from an order of the Civil Bill Court of the county of Tipperary, dated the 24th June, 1896, dismissing the tenant's originating notice of an application to fix a fair rent, on the ground that the holding...