Hughes, Tenant; Doyne, Landlord

• Jurisdiction: Ireland
• Court: Land Commission (Ireland)
• Judgment Date: 10 December 1892
• Date: 10 December 1892

Land Com.

Before BEWLEY, J., and FITZ GERALD and WRENCH, Commissioners.

HUGHES,

TENANT;

DOYNE,

LANDLORD

Butterly v. CarrollUNK 26 L. R. Ir. 93.

Mooney v. WillcocksUNK 28 L. R. Ir. 113.

Whisker v. DelacheroisUNK 25 Ir. L. T. 34.

Landlord and tenant — Letting for agricultural purposes — power to resume portion of the holding for building or other purposes —, 1881, sect. 58, sub-sect. 7 —, 1887, sect. 1.

VOL. xx3rii.1 Q. B. & EX. DIVISIONS. 31, HUGHES, TENANT; DOYNE, LANDLORD (1). Land Corn. 1892. Landlord and tenant-Letting for agricultural purposes-Power to resume Dec. 10. portion of the holding for building or other purposes-Land Law (Ireland) Act, 1881, sect. 58, sub-sect. 7-Land Law (Ireland) Act, 1887, sect. 1. By lease, dated the 20th October, 1874, 72A. 3n. 9r. Irish plantation measure of agricultural lands were demised for thirty-two years, subject to the rent of £162. The lease contained a proviso for resumption of possession by the landlord during the lease of so much of the land as might be required for building or ornamental purposes, or for making a railway, road, or drain, fair compensation being made therefor. The landlord never resumed possession of any portion of the lands : Held, that the tenant was entitled to serve an originating notice to fix a fair rent. Butterly v. Carroll (26 L. R. Ir. 93) and Mooney v. Willcocks (28 L. R. Ir. 113) considered. APPEAL from an order of a Sub-Commission, dated the 21st August, 1890, which dismissed the originating notice served by the tenant, on the ground that the lands were let for temporary convenience. The facts of the case sufficiently appear from the headnote and judgment of Bewley, J. Matheson, Q.C., and Kilbride, for the tenant. Meredith, Q.C., for the landlord. BEwLEY, J. : By an indenture of lease, dated the 20th October, 1874, Charles M. Doyne, the landlord in the present case, demised to Christopher Hughes. the present tenant, and Patrick Hughes, since deceased, that part of the lands of Tinnahinch then in the possession of the lessees, and theretofore in the tenancy of Thomas Murphy, containing by estimation 72A. 3R. 9r. Irish (1) Before BEWLEY, J., and Frrz GERALD and WRENou, Commissioners. :32 LAW REPORTS (IRELAND). [L. R. I. Land Com, plantation measure, situate in the barony of Lower St. Mullins and 1892. county of Carlow, to hold for a term of thirty-two years from the HUGH. ES 1st May, then last at the yearly rent of £162. The lease contained v DOYNE. covenants by the lessees (inter alia) not to set or lay, or permit to Bewley, J. be set or laid, any poison or other deleterious drug, matter, or thing on the said lands, nor to injure or destroy any fox or foxes thereon; not to break up or have in tillage in any one year more than one-third part of the demised lands; to cultivate and manage the lands in a good and husbandlike manner, using and supplying lime when necessary, and a full quantity of farmyard manure to the extent of fifty tons per Irish acre, so that at least one-third of the tillage land should be well and...