Hyman v Rose

APPEAL from an order of the Court of Appeal.^F2

The appellants, Hyman and Rosenthal, were the assignees of an underlease of certain premises in Bethnal Green for a term of ninety-nine years less ten days from December 25, 1842. The reversion expectant on the determination of the underlease was vested in the respondent, Mrs. Rose, who in the events which happened was entitled to possession of the demised premises under a proviso for re-entry upon the breach of any of the covenants contained in the underlease, subject to a claim by the appellants under the Conveyancing Act, 1881, for relief against forfeiture. The question raised by this appeal was as to the terms upon which that relief should be granted.

By an indenture of lease dated May 28, 1845 (being the underlease in question), made between Mary Ann Marishall, widow, of the one part, and several persons, thereinafter called “the said lessees,” of the other part, after reciting that by an agreement dated December 24, 1844, John Ditchman agreed to demise to the said lessees the piece of ground by the now stating indenture more particularly described and intended to be thereby demised from December 25, 1842, for the term of ninety-nine years wanting ten days at the yearly rent of 33l., and that the said lessees thereby agreed on or before June 24, 1846, to expend 2000l. at the least in erecting upon the said piece of ground “a chapel or place for religious worship with its appropriate offices with all party and other walls and that such chapel offices and party walls should be built in every respect in conformity with the plans and specifications therein particularly mentioned and signed by the said parties and with proper footpaths in the front and at the sides thereof next the street,” and that the said John Ditchman further agreed that when the said chapel should be built up and covered in he would grant a good and sufficient lease of the said piece of ground and buildings thereon erected “with the yards and other conveniences and appurtenances attached or belonging thereto” to the said lessees or their nominees for the term aforesaid, and reciting that by an indenture dated March 19, 1845, the said John Ditchman assigned to the said Mary Ann Marishall the said piece of ground with the chapel erecting and building thereon for the residue of the term under which he held the same, subject nevertheless to the above recited agreement, a certain piece of ground situate at the corner of Hackney Road and St. Peter's Street, Bethnal Green, “together with the chapel or place of public religious worship with its offices and premises now erecting and building thereon by the said lessees,” and all rights, easements, and appurtenances thereto belonging were demised at the rent and for the term above mentioned. The lease contained covenants by the lessees that they would on or before June 24, 1846, complete and make ready for public worship the “said chapel or place of public religious worship with its appropriate offices and all appurtenances thereto belonging”; “And also shall and will from time to time and as often as occasion shall require during the said term well and substantially repair support uphold maintain pave …. amend and keep the said demised chapel offices buildings and premises and all the walls fences pavements …. and all other appurtenances thereto belonging in good substantial and tenantable repair …. And also shall not nor will at any time during the said term alter or vary the front elevation of the said demised chapel offices buildings and premises” without the consent of the lessor. Then followed a covenant to yield up to the lessor at the end of the term the premises with the appurtenances so repaired, supported, upheld, maintained, paved, amended, and kept as aforesaid, with all landlord's...