Gun-Cunningham, Landlord; Patrick Byrne, Tenant

• Jurisdiction: Ireland
• Judgment Date: 23 February 1892
• Date: 23 February 1892
• Court: Land Commission (Ireland)

Land Com.

BEWLEY, J., and FITZGERALD, Commissioner.

GUN-CUNNINGHAM,

LANDLORD;

PATRICK BYRNE,

TENANT

Morris v. Morris Ir. R. 7C. L. 306, per O'Brien, J.

— Application by grantee under fee-farm grant.

384 LAW REPORTS (IRELAND). [L. R. I. GUN-CUNNINGHAM, LANDLORD ; PATRICK BYRNE, TENANT (1). Redemption of Rent (Ireland) Act, 1891 (54 (S- 55 Yid. c. 57, s. tion by grantee under fee farmgrant. A, who held lands under a lease for lives renewable for ever made in 1855, and converted into a fee-farm grant in 1884, served an originating notice under the Redemption of Rent (Ireland) Act, 1891, to redeem his rent : Held, that A was entitled to apply to have his rent redeemed. APPLICATION by the landlord to set aside an originating notice by the tenant, under the Redemption of Rent (Ireland) Act,. 1891. The facts of the case are fully stated in the judgment of Bewley, J. R. E. Meredith, for the landlord : The tenant held under a lease for lives made in the year 1855, but he now holds under a fee-farm grant made in the year 1884; that gave him a new estate: Morris v. Morris (2) ; the-words in the Redemption of Rent (Ireland) Act, 1891, s. 1, " grantee under a fee-farm grant " were not intended to apply to all fee-farm grants irrespective of date, but only to grants existing at the date of the passing of the Land Law (Ireland) Act, 1881, otherwise grantees would be in a better position than leaseholders. Secondly, the Land Commission has no power to redeem this particular rent, which is £314 a-year, for under section 2 the amount of advance is limited to £3000 ; and it is admitted that not less than ten years' purchase of the rent would be given : this would make the amount over £3000, and the tenant does not propose to advance any part of the purchase-money. (1) Before Bhyvi.EY, J., and FITZ GERALD, Commissioner. (2) Ir. R. 7 C. L. 306, per O'Brien, J. 'VOL. XXX.] Q. B. & EX. DIVISIONS. 385, E. P. S. Counsel, for the tenant :- Land Corn The words of the Act are clear, all fee-farm grants are 1892. included Gurr- ; besides the old lease was substantially the tenancy, CITNNINGLIAM though converted into a fee-farm grant. On the second point there BYRNE. is nothing in the originating notice to show that the tenant requires the whole of the redemption money to be advanced. This objection is premature. The landlord should have given a consent, and as he has not done so, the tenant is entitled to have a fair rent fixed. E. Meredith, in reply : The...