Mary Eivers and John M. Kelly, Tenants; Richard Hamilton, Landsord

• Jurisdiction: Ireland
• Court: Land Commission (Ireland)
• Judgment Date: 20 March 1891
• Date: 20 March 1891

Land Com.

Before BEWLEU, J., and FITZ GERALD and WEENCH, Commrs.

MARY EIVERS AND JOHN M. KELLY,

TENANTS;

RICHARD HAMILTON,

LANDSORD

Westropp v. ElligottELR 9 App. Cas. 839.

O'Brien v. WhiteUNK 16 L. R. Ir. 15.

Battersby v. Nicholson 22. R. Ir. 38.

Fulham v. GarryUNK 26 L. R. Ir. 698.

— Application to fix a fair rent — "Holding let to be used mainly for the purpose of pasture" — Intention of parties inferred from mode of user.

Land Com. MARY EIVERS AND JOHN M. KELLY, TENANTS 1891. RICHARD HAMILTON, LANDLORD (1). March 5, 20. Land Law (Ireland) Acts, 1881 and 1887 (44 4. 45 Vict. c. 49, s. 58, sub-s. 3; 50 4- 51 Vict. c. 33, s. 1)-Application to fix a fair rent-" Holding let to be used mainly for the purpose of pasture"-Intention of parties inferred from mode of user. Lands that had been in pasture for many years, with a herd's house thereon, situate in a district practically consisting of grazing farms, were let on lease, with a covenant against erecting any additional buildings, except sheds for cattle, without the consent of the lessor, but with no restriction against tillage or meadowing : Held, that, under the circumstances, it might be inferred that the lands were let to be used mainly for pasture. Westropp v. Elligott (9 App. Cas. 839) applied. APPEAL from an order of a Sub-Commission, dismissing an application to fix a fair rent. The Mac Dermot, Q.C., and Miles Kehoe, for the tenant. March 20. The Right Hon. Samuel Walker, Q. C., for the landlord. The facts of the case sufficiently appear from the judgment. BEWLEY, J. :- BY an order of a Sub-Commission, dated the 31st July, 1890, the originating notice served by the tenants to fix a fair rent in this case was dismissed, on the grounds that the holding was let mainly for the purposes of pasture, and is valued, under the Acts relating to the valuation of property, at not less than £50 yearly. The lands constituting the holding contain 146 A. 2 R. 31 P., statute measure, and are valued in the General Tenement Valuation at the sum of £153 per annum. They are situate within miles of the village of Dunboyne, in the county of Meath, and are held under a lease (1) Before BEWLEY, J., and FITZ GERALD and WRENCH, Comm. Vol.. XXVIII.] Q. B. & EX. DIVISIONS. 465 dated the 10th June, 1849, made by Mr. Richard T. Hamilton, the Land Com. present landlord, to Mr. James Masterson, for a term of sixty-one 1891. years, from the 1st November, 1848, at the yearly rent of £271 9s. ErvERS The...