Irish Land Commission it Building Society v O'Brien

JurisdictionIreland
CourtSupreme Court
Judgment Date15 January 1941
Docket Number(1938. No. 2450.)
Date15 January 1941
(S.C.),
Irish Industrial Benefit Building Society
and
O'Brien

Intervening sublease by judgment mortgagor -No consent by landlord - Sub-lessee's claim to retain possession - Validity of sub-lease - Landlord and Tenant Act, 1860 - Conveyancing Act,1881 - Motion for possession - Adding sub-lessee as party - Irregularity of proceedings - Small Dwellings Acquisition Act, 1899 - Rules of Supreme Court (Ir.), 1905 - Rules of High Court and Supreme Court, 1926.

The plaintiffs were judgment mortgagees of leasehold...

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4 cases
  • White v McCooey
    • Ireland
    • High Court
    • 1 January 1977
    ... ... The decision in Irish Industrial Building Society .v. O'Brien 1941 ... in 1971 by public auction with five acres of land for £10,100.00 he estimated the value of 16, ... ...
  • Re Sherry-Brennan
    • Ireland
    • Supreme Court
    • 26 July 1983
    ...13 As is to be said about most of the cases to which we have been referred, the case of Irish Industrial Building Society v. O'Brien 1941 I.R. 1 (on which counsel for the official assignee much relied) was, unlike the present case, concerned with a pre-sale situation. The issue was whether......
  • Case Number: DEC-E2013-090-Full Case Report. Equality Tribunal
    • Ireland
    • Equality Tribunal
    • 1 August 2013
    ...it was, at that point, statute-barred by operation of s.77(5) of the Act. The decision of the Supreme Court in Bank of Ireland v Connell [1941] IR 1 is authority for the proposition that an amendment to pleadings cannot be allowed if its effect would be to permit a party to pursue a cause o......
  • O'Neill v Ryan
    • Ireland
    • High Court
    • 1 January 1944
    ...the mortgagee, as purchaser, was entitled to the order. Dictum of Murnaghan J. in Irish Industrial Benefit Building Society v. O'BrienIR ([1941] I.R. 1, at p. 8) applied. ...