Michael J. Greene v James Kearns, Elizabeth Kearns, Mary Rourke and John Mooney

• Jurisdiction: Ireland
• Judgment Date: 01 January 1947
• Date: 01 January 1947
• Court: Circuit Court

(Cir. Ct.),

Michael J. Greene

and

James Kearns, Elizabeth Kearns, Mary Rourke and John Mooney

Local authority -Houses unfit for human habitation - Notice to quit - Ejectment - Warrant for possession -Availability of alternative accommodation - Increase of Rent and Mortgage Interest (Restrictions) Act, 1923 (No. 19 of 1923), s. 4, sub-s. (1) (e); Housing (Miscellaneous Provisions) Act, 1931 (No. 50 of 1931) ss. 23, 33, sub-s. (1) and s. 34, sub-s. (1) - Emergency Powers (No. 313) Or.1944 (S. R. O. No. 29 of 1944), Art. XI (1) (f).

Where an order is made by the local authority under the Housing (Miscellaneous Provisions) Act, 1931, s. 23, for the demolition of houses, the operation of the Increase of Rent and Mortgage Interest (Restrictions) Acts to protect the occupation of the tenants is excluded by s. 34 (1) of the Housing (Miscellaneous Provisions) Act, 1931, and a warrant for possession...