Irish Permanent Building Society v Ryan

• Jurisdiction: Ireland
• Court: High Court
• Judgment Date: 22 January 1950
• Docket Number: (1949. No. 3554).
• Date: 22 January 1950

Irish Permanent Building Society v. Ryan.

IRISH PERMANENT BUILDING SOCIETY

Plaintiffs

and

PHILIP RYAN

Defendant.

(1949. No. 3554).

Mortgage - Delivery of possession by mortgagor to mortgagee - Originating summons - Provision in mortgage deed empowering mortgagee to enter into possession - Sale of premises with vacant possession more satisfactory - Saving of costs to defendant - Discretion - Rules of the Supreme Court (Ir.), 1905, Order LV, r. 7.

The defendant mortgaged his dwellinghouse to the plaintiffs, a building society, to secure the repayment of moneys advanced by the plaintiffs. The mortgage deed provided for the payment of quarterly instalments in repayment of the advance, together with interest, and that in case of default of payment for three months the plaintiffs might enter into possession of the mortgaged premises and might sell them. The defendant defaulted in his payments for a space of over three months, and it appeared that he would not be in a position to pay the arrears or to continue paying the quarterly instalments. The defendant, having refused to deliver up possession the plaintiffs sought an order pursuant to Order LV, r. 7, of the Rules of the Supreme Court, 1905, for the delivery of possession of the mortgaged premises by the defendant so that they might sell the premises with vacant possession which would enhance the value of the premises.

Held, that while the Court is slow to make such orders, it will do so in a suitable case, and that as a sale with vacant...