Lynam v Butler

• Jurisdiction: Ireland
• Court: High Court (Irish Free State)
• Judgment Date: 02 March 1925
• Docket Number: (1924. No. 5898.)
• Date: 02 March 1925

Lynam v. Butler

FRANCIS LYNAM

Plaintiff

and

REVEREND MICHAEL BUTLER. Defendant

(1924. No. 5898.)

Landlord and tenant - Action for recovery of possession - Expiration of lease - Order declaring the holding to be one to which the Land Act, 1923,applies - Effect of Order - Alteration in the relationship of landlord and tenant - Position of tenant - Rights conferred - Land Act, 1923 (No. 42 of 1923), sect. 19, sub-sect. (3), sect. 24, sub-sect. (1), sects. 28, 29, 73, sub-sect. (2).

Sect. 24 (1) of the Land Act, 1923 (No. 42 of 1923), provides:—"Subject to the provisions of this Act and notwithstanding anything contained in any other enactment, all tenanted land wherever situated . . . shall by virtue of this Act vest in the Land Commission on the appointed day, in the like manner and with the like consequences as if vesting orders under the Land Purchase Acts had been made on the appointed day in respect thereof in pursuance of subsequent purchase agreements entered into by the Land Commission with the respective owners of the lowest interest in the land constituting an interest saleable under the Land Purchase Acts, at the price fixed by or under this Act."

M., being tenant for life of certain lands, demised them for the term of her life to B. On her death, L., being entitled in remainder in fee-simple, brought an action to recover possession of the lands from B. During M.'s lifetime B. had obtained an order from Wylie J. declaring that the lands constituted a holding to which the Land Act, 1923. applied. "The appointed day" mentioned in sect. 24 (1) of the Act had not been fixed.

Held, that the statutory rights conferred, and the liabilities imposed, on the tenant of a holding to which the Act applies are unaffected by the expiration of the tenancy before "the appointed day," and that the provisions of the Act deprived the plaintiff of any right to recover possession of the lands.

The alteration in the relationship of landlord and tenant effected by the Act considered.

Trial of Action.

The plaintiff claimed possession of 1, the house, Offices, and lands of Mount Seskin, situate in the parish of Tallaght, barony of Upper Cross, and County of Dublin; 2, that part of the lands of Mount Seskin, known as the Causeway Farm; and 3, the shooting and all other ground rights attached to the said lands.

Mary MacInerney was, on and prior to the 30th day of July, 1920, seized as tenant for life of the said hereditaments, and continued so seize,d until the day of her death. By an Indenture of Lease dated the 30th day of July, 1920, the said Mary MacInerney demised the hereditaments to the defendant for the term of her natural life. She died on the 22nd day of August, 1924.

The plaintiff claimed possession as owner in fee-simple of the hereditaments under the limitations contained in the will of Francis Lynam, his title having accrued on the death of the said Mary MacInerney, the tenant for life. He also claimed mesne profits from the 22nd day of August, 1924.

The defendant in his...