Jayasinghe Bandar V. Elias Appuhami

Present: Mr. Justice Grenier.

JAYASINGHE BANDAR v. ELIAS APPUHAMI et al.

C. R., Negombo, 16, 953.

Mortgage bond-Purchase by mortgagee of a share of the mortgaged property-Release of debt-Extinction of the security-Roman. Dutch Law.

Where a mortgagee of immovable property becomes the owner of the property mortgaged or any share of it, the mortgage security is extinguished to that extent, but the debt remains.

APPEAL by the plaintiff from a judgment of the Commissioner of Requests (B. Constantine, Esq. ). The facts sufficiently appear in the judgment.

H. A. Jayewardene (V. Grenier with him), for the plaintiff, appellant.

No appearance for the respondent.

Cur. adv. vult.

October 27, 1909. Grenier A. J. -

The facts of this case are these. Hendrick Perera mortgaged a certain field by bond No. 6, 480 dated October 28, 1899, with Lewis Saram Appuhamy as security, for a sum of Rs. 200. The mortgagee assigned the bond to the plaintiff on December 17, 1904. After the death of the mortgagor and his wife, their children sold half of the mortgaged property to Rupesinghe and the other half to the plaintiff and Senanayake. The present act

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