PUNCHIRALA v. APPUHAMY.

PUNCHIRALA v. APPUHAMY.

D. C., Kandy, 11,584.

Registration of deeds-Unregistered mortgage bond of intestate-Registered deed of sale by administrator-Priority-Registration Ordinance No. 14 of 1891-Civil Procedure Code, s. 547-Proof of title to property through intestate.

    The registration of letters of administration or of grant of probate does not avoid an unregistered mortgage or sale by the intestate; but if after taking out letters of probate, the administrator or executor sells or mortgages any property dealt with by the intestate and gets the deed, registered prior to that given by the intestate, the former deed would take priority over the latter.

    If a person desires to prove title to property through an intestate, he must prove either that administration has been taken out to the intestate and that the administrator has conveyed the intestate's estate to him or to his predecessor in title; or that the intestate's estate was of less value than Rs. 1,000, so that administration was not necessary.

THE principal issue in this case was whether plaintiff's title was superior to that of the defendant. The transfers under whic

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