Ramanathan Chetty V. Cassim Et Al.

Present: Lascelles C.J. and Middleton J.   May.30,1911

RAMANATHAN CHETTY v. CASSIM et al.

102- D. C. Matara, 4,835.

Mortgage bond-Action by mortgagee-No notice to subsequent lessee- Subsequent action against lessee does not lie-Civil Procedure Code, ss. 643, 644-Merger.

A mortgagee who fails to give notice of his action on the mortgage bond to a subsequent lessee, who had duly registered his lease and address under section 644 of the Civil Procedure Code, cannot after sale of the mortgaged land under his decree bring an action against the lessee to have the lessee's interest in the land sold declared bound and executable for the balance of the debt.

A mortgage is, as a general rule, extinguished when the mortgagee, by purchase or otherwise, becomes the owner of the mortgaged property.

THE facts of this case are set out by Middleton J. as follows: -

In the present case the plaintiff, as mortgagee of certain property, got a mortgage decree against his mortgagors-the first five defendants-without citing the sixth, seventh, and eighth defendants, lessees of the land by deed of lease from the first five defendants

1 (1874) L. R. 9

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