Murphy v Hansard

JurisdictionIreland
Judgment Date01 January 1929
Date01 January 1929
CourtSupreme Court (Irish Free State)
[S. C., I. F. S.],
Murphy
and
Hansard

Refusal of landlord to join in obtaining award - Ejectment - Stay of execution - Proper interpretation of stay.

M. in 1920 held under yearly tenancy from H., created by parol, premises which were maliciously destroyed in December of that year. In 1924 the Compensation Commission made a joint award in favour of H. and M. with a condition of rebuilding. In 1927 M. was desirous of obtaining the award and rebuilding. The Minister for Finance refused to pay out any of the award until, inter alia, a form of receipt was signed by both H. and M. H. refuse to sign. Held, that H.could not be forced to sign. Held, also, that in the case of such a tenancy there was no obligation on the landlord to rebuild, even though the premises were insured in the landlord'sname. In April, 1927, H. brought ejectment proceedings against M. Judgment in favour of H. was given on the 28th November, 1927, but with a stay of three months to allow proceedings to be brought in respect of the above-mentioned award. These proceedings were duly instituted within the three months. Some time after the three months' stay had elapsed, H., unknown to M., put his writ in the sheriff's hands, and possession...

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