Delany (Blanchardstown Mills, Ltd) v Jones

JurisdictionIreland
Judgment Date28 July 1938
Date28 July 1938
CourtHigh Court
I.F.S.]
Delany (Blanchardstown Mills
Ltd.)
and
Jones

Tenancy at will - Whether Rent (Restrictions) Acts applicable - Practice - Summary summons - Whether proceedings by, Applicable to action for recovery of possession of premises held under tenancy at will - Increase of Rent and Mortgage Interest (Restrictions) Act, 1923 (No. 19 of1923), s. 3 (1); s. 4 (1) - Rules of High Court and Supreme Court, 1926, Or. III, 1 (ii).

An action for recovery of possession of premises held under a tenancy at will, terminated by a demand for possession by the landlord, may be brought by summary summons, under Or. III, r. 1 (ii), of the Rules of High Court and Supreme Court, 1926. The tenant of a shop, over which were several rooms separately let to another tenant, was allowed into possession of those rooms when they became vacant, without paying any additional rent therefor, the question of a new lease to include both the shop and the rooms being under consideration. The rent of the shop being in arrear, ejectment proceedings were brought by the landlord in respect of...

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2 cases
  • Irish Sailors and Soldiers Land Trust v Donnelly
    • Ireland
    • High Court
    • 20 July 1944
    ...Order. Casey and Others v. Irish Sailors and Soldiers Land TrustIR, [1937] I.R. 208, and Delany (Blanchardstown Mills, Ltd.) v. JonesIR, [1938] I.R. 826, applied. Heldfurther, that the proceedings had been properly instituted by ejectment Civil Bill for overholding. A tenant who goes out of......
  • Lynch v Fitzgerald
    • Ireland
    • High Court
    • 1 January 1946
    ...Order. Casey and Others v. Irish Sailors and Soldiers Land TrustIR, [1937] I.R. 208, and Delany (Blanchardstown Mills, Ltd.) v. JonesIR, [1938] I.R. 826, applied. Heldfurther, that the proceedings had been properly instituted by ejectment Civil Bill for overholding. A tenant who goes out of......

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