Richard Martin, Tenant; Mathew John Purchell, Landsord

• Jurisdiction: Ireland
• Court: Land Commission (Ireland)
• Judgment Date: 11 July 1891
• Date: 11 July 1891

Land Com.

Before BEWLEU, J., and WRENCH and FITZ GERALD, Commrs.

RICHARD MARTIN,

TENANT;

MATHEW JOHN PURCHELL,

LANDSORD

Walsh v. The Earl of Bandon Cherry & Wakely, Land Acts, 272.

— Application to fix a fair rent — Bona fide occupation — Subletting of a trivial character.

Land Corn. lease, and the nature of the holding itself, we are of opinion that. 1891. the letting was a letting mainly for the purpose of pasture. The BALL Sub-Commission fixed a rent, and we are of opinion that their MAXWELL. order must be discharged, and the originating notice dismissed. Solicitor for the landlord.: William Smyth. Solicitors for the tenant : Maxwell, Weldon, 4. Co. Land Corn. 1891. RICHARD MARTIN, TENANT; MATHEW JOHN PURCELL, LANDLORD (1) . May 2g. July 11. Land Law (Ireland) Acts, 1881 and 1888 (44 4.45 Vict. c. 49, s. 8 ; 50 4. 51 Vict. c. 8, s. 4)-Application to fix a fair rent-Bona fide occupation-Subletting of a trivial character. Whether a subletting of part of a holding is of a trivial character depends not merely on the area of the part sublet, but on the character of the subletting. A sublet, by a lease for twenty-one years, at a rent of £20, 3 roods 11 perches of his holding, which contained 151 acres, and was subject to a rent of £300. A tar factory was built upon the part sublet and valued in the...