Kiri Banda V. Ukku Banda

Present: Lascelles C.J. and Middleton J.   June.6,1911

KIRI BANDA v. UKKU BANDA.

103-D. C. Kegalla, 2,761.

Evidence-Variation of a notarial instrument by anon-notarial document- Ordinance No. 14 of 1895, s. 92.

There is nothing in the Evidence Ordinance to prevent a variation or modification in a notarial instrument from being proved by a subsequent non-notarial writing, provided that the latter writing is not itself of such a nature as to require notarial execution under Ordinance No. 7 of 1840.

THE plaintiff-appellant in this case sued the defendant, qua administrator of the estate of one Mudiyanse, deceased, for the balance sum of Rs. 430 and interest due on a mortgage bond.

Mudiyanse, the original mortgagor, had paid a sum of Rs. 600 on September 29, 1904, and had obtained a writing (D 1) from the plaintiff acknowledging the receipt of the said sum, and stating that out of it Rs. 320 was in payment of the principal and Rs. 280 in payment of the interest due on the bond up to that day, and further stating that the plaintiff would accept the balance yet due on the mortgage without interest.

Thereafter Mudiyanse died, and the defendan

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