Auliffe and others v Ellis

Landlord and tenant – Agricultural tenancy. A appellant widow appealed, as the executrix of her deceased husband's will, against a judge's decision that a tenancy, concerning land that the deceased had farmed prior to his death, had been validly terminated by the respondent landlords, and granting the latter possession of the farm. The Queen's Bench Division, in dismissing the appeal, held that the appellant, through the evidence and argument she had presented at trial, had not persuaded the judge to find it more probable than not that the notice to quit had not been delivered, and that there was no basis on which, sitting on appeal, the court could say that the judge, to the contrary, should have been so persuaded.

Category: