Patric Christopher Reddy, Tenant; Robert H. Elliott, Landlord

• Jurisdiction: Ireland
• Court: Land Commission (Ireland)
• Judgment Date: 23 July 1892
• Date: 23 July 1892

Land Com.

Before BEWLEY, J., and FITZGERALD, Commissioner.

PATRIC CHRISTOPHER REDDY,

TENANT;

ROBERT H. ELLIOTT,

LANDLORD

— Sale of present teancy in consequence of a breach of a statutory condition — Meaning of — Action for rent — Sale by sheriff under fi, fa. — Right of purchaser to apply to court to fix a judicial rent.

VOL. XXX.] Q. B. & EX. DIVISIONS.. 653 PATRICK CHRISTOPHER REDDY, TENANT ; ROBERT Land Com. 1892. July 23. If a landlord recovers judgment against a tenant for rent, and the sheriff sells the tenancy under afi.fa., this is not a sale " in consequence of a breach of a statutory condition," so as to debar the purchaser from applying to the Court to fix a judicial rent. The sale contemplated by sect. 20 is a sale by the tenant pursuant to sect. 13, sub-sect. 1, where the landlord has brought an ejectment for non-payment of rent or upon notice to quit (2). APPLICATION by landlord to set aside tenant's originating notice to fix a judicial rent. Carson, Q.C., and Wakely, for the landlord. Drummond, Q.C., for the tenant. The facts of the case and the arguments of counsel sufficiently appear from the judgment of Bewley, J. BEWLEY, J. :- In and prior to the year 1885 Thomas Reddy, uncle of the present tenant, was tenant from year to year of the holding in this case at the yearly rent of £231 10s. 8d. The rent having fallen considerably into arrear, an action for its recovery was brought by the landlord in the Exchequer Division of the High Court of Justice, and on the 23rd December, 1885, he obtained a judgment against the tenant for £474 12s. debt, and £5 16s. costs. A writ of fi. fa. was subsequently issued, commanding the sheriff of the King's County to levy £280 8s. on foot of the (1) Before BEWLEY, J., and FITZGERALD, Commissioner. (2) See Healy's Land Law (Ireland) Act, 1881, p. 140, note (k). LAW REPORTS (IRELAND). [L. R. I. judgment, and under it the interest of Thomas Reddy in the holding was seized by the sheriff and put up for sale by public auction. John Reddy, the father of the present tenant, and brother of the former tenant, became the purchaser at the sale for a sum of £298 5s. and by a deed dated the 1st December, 1886, executed by the sheriff of the King's County, all the estate and interest of Thomas Reddy in the holding were duly assigned to John Reddy. On the 22nd January, 1887, an originating notice to fix a fair rent was served by John Reddy, and by an order of a Sub-Commission dated the 20th October, 1888, the judicial rent was fixed at £198. Notice of rehearing was then served on behalf of the landlord, and, the tenant John Reddy having since died, the proceedings have been continued in the name of Patrick Christopher Reddy, the devisee and executor under his will. On the part of the landlord it is contended that the case...