Present: Mr. Justice Wood Renton and Mr. Justice Grenier.

SILVA v. SILVA et al* [ Reported by Mr. H. A. Jayewardene, during his editorship.]

D. C, Galle, 8,893

    Mortgage-Sale of mortgaged property by mortgagor to mortgagee in satisfaction of mortgage debt-Prior registered seizure-Revival of rights under mortgage-Civil Procedure Code, s. 238.

Where a mortgagee purchased the property mortgaged by private sale and discharged the bond, and where such purchase was invalidated under section 238 of the Civil Procedure Code, by reason of a prior duly registered seizure under another creditor's
writ,-

Held, that the mortgagee was entitled to fall back on the mortgage and enforce his rights under it.

Gopal Sahoo v. Gunga Pershad Sahoo 1[1 (1908) 10 N. L. R. 351.] followed.

APPEAL by the second defendant from a judgment of the District Judge in favour of the plaintiff. The facts are fully set out in the judgments.

Bawa (Sansoni with him), for the second defendant, appellant.

De Sampayo, K. C, for the plaintiff, respondent.

Cur. adv. vult.

October 18, 1909. WOOD RENTON J.-

On November 17, 1904, the first defendant mortgaged five lands t