Re Darcy's Estate

 
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In re Darcy's Estate

Holdings situate in a village and without land - Holdings not agricultural or pastoral - Sub-tenants' right to reduction of rent - Jurisdiction of Judicial Commissioner -Land Act, 1923 (No. 42 of 1923), ss. 19, 23, and 26.

A tenant of a large holding, which included a village, had upon it sub-tenants, whose residential holdings in the village consisted only of houses, with small plots of land attached. These sub-tenants were, with one exception, substantially dependent for their livings on occupations unconnected with the land. The tenant refused to allow the sub-tenants a reduction of 25 per cent. under s. 23 of the Land Act, 1923, and he applied to the Judicial Commissioner for a declaration that the holdings of the sub-tenants be exempted from the operation of the Act. Wylie, J., held that the Act did not apply to the sub-tenants' holdings, and that the sub-tenants were not entitled to get the reduction of 25 per cent. provided by s. 23 of the Act. Held, by the Supreme Court, that Wylie, J., had no jurisdiction to entertain the application, and that accordingly his order must be discharged.

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