Four Land Cases Reprinted From the Irish Reports, At the Request of the Irish Land Commission
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M. ( 49 ) [In the Irish Laud Commission.] EIPLET, Tenant ; MAONAGHTEN, Landlord (1). Land Co m. 1898. ([1899] 2 I. E. 446.) Landlord and tenant — Land Law {Ireland) Act, 1896, sect. 1, sub-sect. (1) (a) — Fair rent — Competitive value — Occupation interest. The ascertainment of a fair rent under the Land Law (Ireland) Act, 1896, sect. 1, sub-sect. (1) (a) should not proceed upon the basis that the holding is in the landlord's hands free from any tenancy and available for letting to a solvent an...d prudent tenant desirous of acquiring a permanent as distinguished from a temporary tenancy ; inasmuch as the assumption that the holding is in the landlord's hands would necessarily involve the element of competitive value, which ought to be excluded in estimating a fair rent. No deduction is to be made from such rent in respect of occupation interest. This appeal was heard at Armagh. The question submitted to the Court for its consideration was, whether the annual sum referred to in paragraph (a) of sect.
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