Commissioners of Public Works v Kavanagh
Jurisdiction | Ireland |
Judgment Date | 01 January 1963 |
Date | 01 January 1963 |
Court | Supreme Court |
Commissioners of Public Works in Ireland named as applicants - Premises occupied by Garda SÃochána -"Tenement" - "Tenant" - Whether applicants entitled to long family possession equity - Whether occupation of Gárda Siochána constitutes occupation of Commissioners of Public Works in Ireland - Whether State the tenant - Whether Commissioners agents of the State - Landlord and Tenant Act, 1931, ss. 2, 19.
The applicants held from the respondents premises in Laois which, since 1st January, 1925, had been occupied by the Gárda Siochána. The applicants were the tenants under and by virtue of three tenancy agreements dated, respectively, the 15th July, 1927, 27th October, 1948, and the 11th April, 1951. The last-mentioned agreement was for one year and thereafter from year to year if so required by the applicants. The applicants, having been served with a notice to quit by the respondent, served a notice of intention to claim relief under the Landlord and Tenant Act, 1931, s. 24, and later served an originating application. They contended at the hearing before the Circuit Court Judge that they were entitled to a new tenancy under s. 19, sub-s. 1 (b), of the Act of 1931, having been in possession of the tenement during the whole of the period of thirty years next preceding the termination of the tenancy. Upon the application coming before the Circuit Court Judge he stated a case for the opinion of the Supreme Court for the determination of the following questions—1, Are the premises the subject-matter of this application a "tenement"within the definition of such term contained in...
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