Murray, Tenant; Scottish Provident Institution, Landlords. Others, Tenants; Same, Landlords

• Jurisdiction: Ireland
• Judgment Date: 01 January 1894
• Date: 01 January 1894
• Court: King's Bench Division (Ireland)

Murray, Tenant;

Scottish Provident Institution, Landlords.

Others, Tenants;

Same, Landlords.

44 THE IRISH REPORTS. [1894. Land Com. MURRAY, Tenant; SCOTTISH PROVIDENT INSTITU- 1893 rr'- TION, Landlords. Deo. 1, 8. ' OTHERS, Tenants ; SAME, Landlords (1). Agreement and declaration fixing fair rent filed in CourtConsent that same be taken off the fileJurisdiction of Land CommissionLand Law (Ireland) Act, 1881 (44 Sr 45 Vict. c. 49), s. 8 (6). Agreements and declarations, fixing the fair rents of tenants' holdings were duly filed in Court, pursuant to section 8 (6) of the Land Law (Ireland) Act, 1881. Many years afterwards an application was made, on consent, that same be taken off the file, in order that originating notices might be served, and fair rents fixed by the Land Commission: Held, that the Land Commission has no jurisdiction to make the order, the agreements and declarations being regular in form and untainted with fraud. Motion to make rules of Court certain consents, providing that the agreements and declarations fixing fair rents of the holdings in these cases should be taken off the file, in order that originating notices might be served, and fair rents fixed by the Land Commission. Mealy, in support of the motion : [Bewley, J.: "What jurisdiction have we to make such an order ?] In cases on the Peyton Estate (2) Fitzgerald, Q.C., Commissioner, ordered similar agreements to be taken off the file. [Fitzgerald, Q.G., Commissioner: In those cases I decided that the agreements were fraudulent.] . Dec-8- Bewley, 4. : Applications have been made to us in these several cases on behalf of the tenants, in pursuance of consents signed by them and by the duly authorized agent of the landlords, that the agreements and declarations fixing the fair rents of their respective (1) Before Bewley, J., and Fitzoebald, Q.C., Commissioner. (2) Evans, Tenant; Peyton, Landlord, judgment, 7th Nov., 1893. Vol. II.] ft. B. & EX. DIVISIONS. 45 holdings, filed in the Court of the Land Commission, may be Land Com. taken off the file, with the object of enabling the tenants to serve_1893, originating notices to have judicial rents fixed by the Land ^^nJ-Commission. Scottish The agreements and declarations referred to appear to have ^Landlords'. been entered into at a time when Mr. William Ancketill was ;_ Uewley, J. landlord, and were duly filed in Court under the provisions of section 8, sub-section 6, of the Land Act of 1881, and the Eules made under the...