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Ker and Others v Marquis of Dufferin and Ava and Others

Northern Ireland Law Reports (Digests) Irish Law Journal (Digests) Irish Law Times Reports (Digests) Cited authorities 2 Cited in Precedent Map Related
Vincent
JurisdictionNorthern Ireland
Judgment Date01 January 1934
Date01 January 1934
CourtKing's Bench Division (Northern Ireland)
[K. B. D. and C. A., N.I.]
Ker and Others
and
Marquis of Dufferin and Ava and Others

Portion of lands sold in Land Purchase Commission - Portion acquired compulsorily by Urban Council -Whether residue of lands liable for residue of rent - Apportionment of rent - Northern Ireland Land Act, 1925 (15 16 Geo. 5, c. 34).

By a lease, dated 12th December, 1857, the plaintiffs demised to the defendants an area of 746a. 1r. 8p. at an annual rent of £567 1s. 6d. The said rent was adjusted to £565 15s. 6d. under the Local Government (Ireland) Act, 1898; later, 51a. 0r. 21p. were acquired compulsorily by the Bangor Urban Council and the rent reduced by £34 10s. 2d. A further 459a. 1r. 34p. in the hands of agricultural tenants were sold under the provisions of the Northern Ireland Land Act, 1925, and the rent payable to the defendants reduced by £260 1s. 2d. Finally, under the same Act, the defendants purchased from the plaintiffs 113a. 1r. 2p. of the lands comprised in the lease on which an annual rent of £34 was apportioned by the Court. In the result only 114a. 1r. 22p. of the original 746a. 1r. 8p. remained within the lease. The plaintiff contended that the residue of the rent, £237 4s. 2d., was borne by and was payable out of the 144a. 1r. 22p. Held, by the Court of Appeal (affirming the decision...

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