Mohotte V. Dissanayaka Et Al.,

Present: The Hon. Mr. J. P. Middleton, Acting Chief Justice,
and the Hon. Mr. Justice Grenier.

MOHOTTE v. DISSANAYAKA et al.

D. C, Tangalla, 942.

    Mortgage-Seizure of mortgaged land under money decree-Prior registration of seizure-Mortgage unaffected-Form of mortgage decree.

A registration of a seizure of land under a money decree, in terms of section 237, Civil Procedure Code, does not affect a mortagage of the same land which was executed by the judgment-debtor prior to the seizure, and which was registered after the registration of the seizure.

A decree ordering specially mortgaged property to be sold in default of payment of the money decreed to be due under the mortgage renders the mortgaged property " bound and executable."

APPEAL from a judgment of the District Judge of Tangalla. The facts are fully set out in the judgment of Middleton J.

H. A. Jayewardene, for first defendant, appellant.-Section 17 of Ordinance No. 14 of 1891 does not apply to seizures. The effect of registration of a seizure is merely no render void, as against all claims enforceable under the seizure, all private alienations, &c, after the seiz

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