§ (1.) Where a superior landlord recovers against an immediate landlord a judgment in ejectment for nonpayment of the rent of a holding, or of lands including a holding, the estate of the immediate landlord shall be deemed to be determined within the meaning of Section fifteen of the Land Law (Ireland) Act, 1881, without prejudice to his right to redeem his interest, as if a decree to possession or a writ of habere facias possessionem had been executed.
§ (2.) Where the nonpayment was not due to the nonpayment of rent by the tenant of the holding, such judgment shall not be executed against the tenant, and the tenancy of the holding shall not be affected, except that the 907 superior landlord shall stand in the relation of immediate landlord to the tenant, and may proceed accordingly for the recovery of all rent due from the tenant to the immediate landlord, but (except in the case of fraud or collusion or a letting at a gross undervalue) not for the recovery of the rent due to the superior from the immediate landlord. If the amount recovered by the superior landlord from the tenant equals or exceeds the amount duo to him from the immediate landlord, the interest of the immediate landlord shall not be deemed to have been redeemed, but the superior landlord shall pay the excess to the immediate landlord, after deducting any amount duo for costs.
§ MR. MAURICE HEALY moved, in Sub-section (2), to leave out the word "Where," and to insert the words, "Unless the Court before which the ejectment was brought certifies that."
§ Amendment agreed to.
§ MR. MAURICE HEALY moved, in Sub-section (2), to leave out the word "not," so that the clause should read, "Unless the Court before which the ejectment was brought certifies that the nonpayment was due."
§ Amendment agreed to.
§ MR. GERALD BALFOUR moved, in Sub-section (2), after the words "tenant to the immediate landlord," to insert the words "as if it had always been due to the superior landlord."
§ Amendment agreed to. Clause 12,—