HASWl VS. JAYTISSA AND TWO OTHERS

HASWl VS. JAYTISSA AND TWO OTHERS

COURT OF APPEAL
SISIRA DE ABREW. J
ABEYRATNE. J
CA (PHC) 13/2006
HC COLOMBO HCRA 429/2003
MC MT. LAVINIA 73167
JULY 5,2010

Civil Procedure Code Section 29, Section 431(1) -Hire Purchase Agreement - Non Payment of instalment - Vehicle seized - Vehicle produced in Court - Who is entitled to the Vehicle.? - Absolute owner or the registered owner? - Rights of the person from whom the vehicle was seized?

Upon a hire purchase agreement between one D and K- respondent - an investment company- D acquired possession of a vehicle. K was the absolute owner and D the registered owner. Thereafter upon a contract between D and the appellant, the appellant acquired the possession of the vehicle and he had paid five installments to K.K seized the vehicle as instalments were not paid, and the Police on a complaint lodged by the appellant reported facts to the Magistrate, seized the C vehicle as ordered and produced the vehicle in Court which held an inquiry and ordered the delivery of possession of the vehicle to the appellant. The High Court revised the said order and ordered that the vehicle be handed over

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