BANDIRALA v. SAIBO et al.

BANDIRALA v. SAIBO et al.

D. C., Kurunegala, 931 (L 251).

 

Property sold subject to mortgage-Rights of mortgagee-Claim-Registration.

Certain lands mortgaged to B were seized in execution of a money decree obtained by A against the mortgagors. B, as mortgagee, made a claim under section 241 of the Civil Procedure Code. The "Court, after inquiry, directed, under section 246, that the seizure be continued subject to the mortgage. The lands were put up for sale by the Fiscal with intimation to intending bidders of B's mortgage, and B bid up to the amount of his mortgage. The lands were ultimately knocked down to A. Before A got his Fiscal's conveyance or obtained possession of the lands B brought an action against his mortgagors on the mortgage bond, obtained payment, and had the same lands seized in execution A, who in the meantime had obtained a Fiscal's conveyance, in which no mention was made as to the sale to him being subject to the mortgage in B's favour, claimed the lands. His claim was upheld, and B sued him and the mortgagor to have it declared that the lands were executable under B's writ. The Fiscal's conveyance in favour of

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