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Estate of Crommelin and Another

Northern Ireland Law Reports (Digests) Cited authorities 3 Cited in Precedent Map Related
Vincent
JurisdictionNorthern Ireland
Judgment Date01 January 1929
Date01 January 1929
CourtHigh Court (Northern Ireland)
[Jud. Commr., N.I.]
Estate of Crommelin and Another

Object of letting - How determined - Northern Ireland Land Act, 1925 (15 16 Geo. 5, c. 34), s. 8.

In the year 1915 W. obtained a lease of C. Castle and lands which had previously been let as demesne lands. When the estate of M. C. vested in the Land Purchase Commission under the provisions of the Northern Ireland Land Act, 1925, the owners, objected to the inclusion of W.'s holding in the provisional list on the ground that the main object of the letting was for a residence. The owners contended that, from their point of view, the premises were let to W. in 1915 for a residence. On the other hand W. satisfied the Court that his object in taking the lease was to use the castle and lands as a farm. Held (by Megaw, K.C., Judicial Commissioner), disallowing the objection, that it is not the character or description of the holding but the main object of the letting which must guide the Court, and that the object which the tenant...

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