CA 20 December 1988. By a lease dated 1902 the landlords predecessor in title leased a house and 23 acres to L, the tenants for 99 years at a yearly rent of £9. In 1955 the premises were assigned for the rest of the term to a father and son who farmed in partnership until 1963. By a deed of partition dated 1963 the lease of the house and 2 acres of land was assigned to the father (R) for the unexpired residue at a rent of £5 while the rest of the land went to the son at £4. In 1982 the appellants purchased the leasehold interest but it was not until the assignment that the landlord heard of the deed of partition. In 1985 R gave notice of their desire to buy the freehold and when the landlord refused to sell they sought a declaration of entitlement under Leasehold Reform Act 1967. The judge dismissed the application on the grounds that R were not entitled to acquire the freehold as the house was `comprised in an agricultural holding ` due to the sons continuing to farm the residue of