SAMSI LEBBE v. FERNANDO. 1904.

D. C, Colombo, 16,967.

Action by mortgagee to realize his mortgage over a property already leased-Stipulation in lease that the lease should terminate upon signing of mortgage decree-Necessity for joining lessee as party defendant in mortgage suit-Meaning of " mortgage decree. "

Where a property has been leased to one party and then mortgaged to another, end the mortgagee desires to realize his mortgage, it is necessary to join the lessee as a party defendant in the mortgage suit, even though the lease stipulated for its determination upon the passing of a mortgage decree.

" Mortgage decree " in such a case must be taken to mean such decree as may be obtained after the joinder of the lessee, so that it may be binding on him.

THE plaintiff in this case was the mortgagee, and the defendants the lessees, of a property which belonged to one Periyatamby. The plaintiff prayed that the defendants be ejected from the premises leased. The lease preceded the mortgage, but contained a stipulation that any mortgage subsequently executed should have precedence over the lease, and that the sale of the premises shoul