S.F.O'Donnell and Alice O'Donnell, Lessors; Henry Philip Chearnley, Lessee

• Jurisdiction: Ireland
• Court: Land Commission (Ireland)
• Judgment Date: 26 November 1892
• Date: 26 November 1892

Land Com.

Before BEWLEY, J., and LYNCH and FITZGERALD, Commissioners.

S.F.O'DONNELL AND ALICE O'DONNELL, LESSORS;

HENRY PHILIP CHEARNLEY, LESSEE

, 1891 (54 & 55 Vict. c. 57) — Meaning of words 'regard being had to the adequacy of the security" — Dwelling-house in excess of requirements of holding — Redemption price — Advance.

Von. XXXII.] 4. B. & EX. DIVISIONS. 185 1881. In a ease of Grace v. O'Connor ( I.), which came before Land Com. me and Mr. Commissioner Fitzgerald, at the hearing of fair rent 1892. appeals, at Roscommon, on the 6th May, 1891, it appeared that ALLEN v. the tenant, who was a gentleman of large property living in the G _ ROGAN. mansion house in the demesne of Mantua, took a piece of land containing about 18 statute acres, lying between his demesne and the public road, at a rent in excess of the ordinary agriculÂtural rent ; and having come to the conclusion on the evidence that the lands were not taken for any agricultural purpose, but as an adjunct to the demesne, and with a view to its greater convenience or enjoyment, we dismissed the originating notice of the tenant seeking to fix a fair rent. For the reasons I have stated, the application to redeem the rent reserved by the lease of the 2nd. October, 1812, cannot be sustained, and the originating notice must be dismissed, with costs, including the costs of the present appeal. Solicitor for the lessee : Tweedy. Solicitor for the lessors : J. K. Toomey. W. L. 8. F. O'DONNELL AND ALICE O'DONNETJ,, LESSORS ; Land Com. HENRY PHILIP CHEARNLEY, LESSEE (2). 1892. Nov. 26. Redemption of Rent (Ireland) Act, 1891 (54 6.• 55 Vict. c. 57)-Meaning of words "regard being had to the adequacy of the security" -Dwelling-house in excess of requirements of holding-Redemption price-Advance. The erection of a dwelling-house in excess of the requirements of a holding for merely farming purposes is not enough in itself to deprive the holding of its original agricultural character. In fixing the redemption price of a rent redeemed under the Redemption of Rent (Ireland) Act, 1891, the Court may have regard to the circumÂstance that the possession of large real property by the lessee renders the (1) Unreported. (2) Before BEWLEY, J., and LYNCH and FITZGERs.LD, Commissioners. Land Com. remedy of the lessor under the covenant for payment of rent more secure, and 1892. so increases the saleable value of the rent. O'DorTNELL The Court will not sanction the advance of the whole of the redemption V. price unless it is satisfied that the security is sufficient, but will leave the tenant CHEARNLEY. to make up the difference by a cash payment. THIS was an appeal by the lessors from two orders of the late Mr. Commissioner Mac Carthy fixing the redemption price of two holdings held by the lessee under separate leases. The facts of the cases and the arguments of counsel on the part of the lessors and lessee respectively are fully stated in the judgment of Bewley, J. Kenny, Q.C., and Flanagan, for the lessors. Carson, Q. C., and Cherry, for the lessee. BEwLEY, J : This case came before us on appeals taken by the lessors from two orders of the late Mr. Commissioner Mac Carthy, dated respectively the 2nd June, 1892. By one of these orders it was declared that the lessee was entitled to have redeemed the rent of £260 10s. 2d., now payable under a...