Mary J. Glynn, Plaintiff; Richard v Smith, Defendant

• Jurisdiction: Ireland
• Judgment Date: 01 January 1925
• Date: 01 January 1925
• Court: Supreme Court (Irish Free State)

S. C., I. F. S.,

Mary J. Glynn

Plaintiff

Richard V. Smith

Defendant

Loss of identity - Standard rent - Sections 8 (1) (a) and 12 -Increase of Rent and Mortgage Interest (Restrictions) Act, 1923 - Res judicata.

The premises, the subject-matter of this proceeding, were let in 1914 upon a weekly tenancy and were used as a coal store and as a show room for sale of second-hand furniture. Plaintiff purchased the premises in December, 1923, and effected certain alterations in the store by introducing a sheet-glass shop window in substitution for the then shuttered aperture, installed a shop counter and substituted a wooden for a stone floor in the shop. The aspect had been raised in installing the shop window, and the iron railings had been removed from outside the premises. In March, 1924, defendant secured a letting of the premises for the term of 52 weeks certain. Defendant served on plaintiff a notice of reduction, January, 1925, and in July, 1925, made application to the Court to have the standard rent determined; this application was dismissed, and the grounds of dismissal were not stated on the record. Plaintiff issued a civil bill for arrears of rent and defendant served upon plaintiff a notice of set-off in respect of arrears...