John Kelly, Tenant; Captain E.S.M. Shelton Landlord P. M'Veigh, Tenant; Captain Bond Shelton, Landlord

Judgment Date13 January 1899
Date13 January 1899
CourtLand Commission (Ireland)





Land Com.

Landlord and tenant —— Fair rent — Agreements and declarations fixing — Taking off the file — Rules, Dec, 1883; Rule 116.

Lynch v. LoughreyUNK 23 Ir. L. T. 365.

Murray, Tenant; Scottish Provident Institution, LandlordsIR [1894] 2 I. R. 44.

Pakenham v. M'Clurg Unreported

VOL. II.] QUEEN'S BENCH DIVISION. 557 JOHN KELLY, TENANT ; CAPTAIN E. S. M. SHELTON, Land Com. LANDLORD. P. WVEIGH, TENANT ; CAPTAIN BOND 1899._ SHELTON, LANDLORD (1). Jan. 13. Landlord and tenant—Land Law (Ireland) Acts, 1881-1896—Fair rent—Agreements and declarations fixing—Taking of the file—Rules, Dec., 1883; Rule 116. The Court directed agreements and declarations fixing fair rents, which had been altered after signature by the tenants, and had not been lodged within one month, to be taken off the file. APPLICATION on behalf of the tenants, that the originating agreements and declarations, fixing fair rents on their holdings, and purporting to be dated the 3rd April, 1886, and filed the 30th July, 1886, should be set aside on the grounds :-1. That the said agreements were not filed in the Land Commission within one month of the making thereof. 2. That the said agreements were altered in a material respect between the date of the execution thereof and their transmission to the Land Commission ; and, 3, That the said agreements were void and of no effect. The facts appear in the judgment. W. AL Whitaker, for Kelly and 1\I'Veigh, tenants, cited MurÂray, Tenant ; Scottish, Provident Institution, Landlords (2) ; PakenÂham v. M'Clurg (3) ; Lynch v. Loughrey (4). R. F. Harrison, for the landlords. MEREDITH, J. :— In these two cases there can be no doubt that a very improper course was taken by someone who represented the landlord of the holdings in 1886. It is plain upon the affidavits that in 1884 (1) Before MEREDITH, J., and the HON. G. FITZ GERALD, Q.C., Commissioner. (2) [1894] 2 I. R. 44. (3) Unreported (4) 23 Ir. L. T. 365. 1899—VoL. II. 2 8 558 THE IRISH REPORTS. [1899. Land Corn. the then landlord and the then tenants entered into agreements 1899. under section 8 of the Act of 1881 to fix the fair rents of the two KELLY, holdings with which we are dealing. One of the agreements was Tenant ; SHELTON, undoubtedly executed by the tenant in the month of December, Landlord. 1884; the other agreement was executed by the tenant at some date McVmen, Tenant ; in 1884, it is not quite clear whether in the month of June or Landlord, Landlord. December. The agreements were also executed by the landlord, and, according to the rules of Court, should have been...

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