MADAR LEBBE v. NAGAMMA.

MADAR LEBBE v. NAGAMMA.

D. C., Colombo, 12,719.

Mortgage decree in favour of plaintiff-Registration thereof after conveyance to defendant had been passed and registered-Merger of mortgage bond in decree.

Where plaintiff obtained a mortgage decree against S and seized certain property which defendant had bought at a Fiscal's sale as property belonging to S, and where defendant had registered the conveyance in her favour prior to plaintiff's registration of the mortgage decree,-

Held, that in an action brought under section 247 of the Civil Procedure Code, the plaintiff was not entitled to have the property made executable under his decree, as his mortgage decree was of no avail as against the defendant's conveyance, which had been registered before such decree was registered.

Government Agent v. Hendrikhamy (3 C. L. R. 86), not to be considered any longer as law.

THE plaintiff obtained a mortgage decree against one Samsudeen in case No. 11,910, and seized the property mortgaged. The defendant's claim to the property having been upheld, the plaintiff brought the present action against her under section 247 of the Civil Procedure Code for

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