Riddall v Mullan

• Jurisdiction: Ireland
• Judgment Date: 18 December 1902
• Date: 18 December 1902
• Court: Court of Appeal (Ireland)

RIDDALL

and

MULLAN

Appeal.

Parliament — Franchise — Inhabitant occupier —"Owner or tenant" — Subletting of statutory tenancy —

Barton v. MuldoonIR [1902] 2 I. R. 410.

Beattie v. MairUNK 10 L. R. Ir. 208.

Brennan's CaseDLTR 29 I. L. T. R. 79.

Brown' CaseIR[1894] 2 I. R. 318.

Browne v. Buchanan Ibid. 318.

Fogarty v. ShanahanIR[1896] 2 I. R. 273.

Glenn v. BrennanDLTR 2 Lawson, 10; 29 I. L. T. R. 79.

Golloghly v. CannonDLTR 33 I. L. T. R. 88.

Gormley v. BuchananIR[1894] 2 I. R. 299.

Gormley's CaseIR[1894] 2 I. R. 299.

Hayes v. CorcoranUNK 8 L. R. Ir. 75.

Holland v. ChambersUNK 32 L. R. IR. 156.

Holland v. ChambersIR [1894] 2 I. R. at p. 296.

Littleton v. M'NamaraUNKIR I. R. 9 C. L. 417.

M'Gee's Case 1 Lawson, 90.

Meares v. RedmondUNK 4 L. R. Ir. 533.

O'Kane v. BurnsIR[1897] 2 I. R. 591.

Simpson v. Hanrahan 1 Lawson, 96.

Von. II.] SING'S BENCH DIVISION. 417 RIDDALL v. MULLAN (1). Appeal. 1902. Parliament—Franchise—Inhabitant occupier—" Owner or tenant"—Sub- letting of statutory tenancy—Land Law (Ireland) Acts, 1881-1896. Nov. 11, 12. Dec. 18. The tenant of a holding subject to a statutory tenancy under the Land Law (Ireland) Acts, without the consent of the landlord, sublet the dwelling-house on the holding to her son by an agreement in writing at a rent of £2 per annum, and after the subletting and during the qualifying period continued to reside in the house with him : Held, reversing the decision of the Revising Barrister, that the son was not in exclusive occupation of the house as tenant, and was not entitled to the franchise as inhabitant occupier. Glenn v. Brennan (29 I. L. T. R. 79: 2 Lawson 10) discussed. APPEAL by Thomas Riddall against the decision of Mr. D. F. Browne, K. C., one of the Revising Barristers for the North Tyrone Division, admitting the respondent Patrick Mullan to the franchise. The name of Patrick Mullan appeared on the Supplemental List of the registration unit of Stranagalivilly, in the polling disÂtrict of Dunamanagh, as an inhabitant occupier of a house situate at Stonebrack. The case stated by the Revising Barrister set forth the facts thus :— " The said Patrick Mullan was duly objected to by the said Thomas Riddall on the ground that he did not during the qualifyÂing period occupy the said dwelling-house as tenant or owner thereof. " The following are the material facts that have been established :— " Bridget Mullan, the mother of the said Patrick Mullan, as tenant from year to year a farm at Stonebrack aforesaid on which the said dwelling-house is situate, and is the only dwelling (1) Before LORD O'BRIEN, L. C. J., and FITE GIBBON, WALKER, and Houma, L. JJ. 1903—VoL. II. 2H 418 THE IRISH REPORTS. [1903. Appeal. house on the said farm. The Land Law (Ireland) Act, 1881, 1902. applies to the said tenancy. On the 8th day of June, 1901, the R/DDALL said Bridget Mullan and Patrick Malian duly executed an agree Mumax. ment in the words and figures following :—‘ This agreement made the 8th day of June, 1901, between Bridget Mullan of StoneÂbrack, in the county of Tyrone, of the one part, and Patrick Mullan, of Stonebrack, in the county of Tyrone, of the other part. Whereas the said Bridget Mullan being tenant of a holding situate at Stonebrack, in the said county, did on the 1st day of November, 1899, let, and the said Patrick Mullan took, all that messuage or dwelling-house on the said holding now in his occupation as tenant from year to year at the yearly rent of two pounds. And whereas the said Patrick Mullan has been since the said 1st day of NovemÂber, 1899, in sole occupation of the said messuage or dwelling-house as such tenant. Now it is hereby agreed and declared by and between the said parties that the said tenancy is a valid and subsisting tenancy, and that the same is hereby confirmed, and that such tenancy shall continue from year to year until deterÂmined by either party giving to the other of them six calendar months' notice to quit in writing, such notice to expire on any 1st day ,of November, and the said Patrick Mullan agrees not to assign or sublet the premises or any part thereof without the conÂsent in writing of the said Bridget Mullan. Signed, &c.' " Since the said 8th day of June, 1901, the said Patrick Mullan has occupied the said dwelling-house, and during the same period the said Bridget Mullan has continued to reside with him. She works and manages the said farm. " The said Patrick Mullan attended before me, and stated that he paid to his mother X2 in respect of one year's rent mentioned in the said agreement. " No evidence was given that Bridget Mullan's landlord had consented to the letting to Patrick Mullan by Bridget Mullan, no! was any evidence given to show that the landlord was aware of the said letting. " It was contended on behalf of the said Thomas Riddall that no tenancy could be created without the consent of Bridget Mullan's landlord, and that the sub-tenancy which the agreement purported to create was prohibited by section 2 of the Land Law Vol.. II.] SING'S BENCH DIVISION. 419 (Ireland) Act, 1881, and was therefore void ; and that the said Appeal. Patrick Mullan did not occupy the said dwelling-house as tenant 1902. L IL D RID during the qualifying period. v. "I was unable to distinguish the case from the decision of MIILLA N. Glenn v. Brennan (1), and I found as a fact that the said Patrick Mullan occupied the said dwelling-house as tenant thereof during the qualifying period. I therefore retained the name of the said Patrick Mullan on the said list. If I was wrong in so doing, the name of the said Patrick Mullan should be expunged. from the said list." Henry, K. C., and Barnhill, for the appellant. Serjeaut Dodd and A. Todd, for the respondent. [The following cases were cited :—Glenn v. Brennan (1); Fogarty v. Shanahan (2) ; 0' Kane v. Burns (3) ; Meares v. RedÂmond (4) ; Littleton v. .1111Namara (5) ; Beattie v. Mair (6); Hayes v. Corcoran (7) ; Golloghly v. Cannon (8) ; Barton v. Muldoon (9) ; Holland v. Chambers (10) ; Gormley v. Buchanan (11) ; Browne v. Buchanan (12) ; Simpson v. Hanrahan (13). They also referred to the Land Law (Ireland) Act, 1891, sections 7...