Present: Lascelles C.J. and Wood Renton J.

HANIFFA et al. v. SILVA

39-D. C. Colombo, 29,611

Registration-Priority-Land sold on writ against judgment-debtor by Fiscal-Subsequent sale by judgment-debtor after he was adjudicated insolvent- Compensation-Bona fide possessor-Discharge of mortgage debt-Adjudication of insolvency not registrable under the Registration Ordinance.

A's property was purchased by B at a Fiscal's sale held under a writ issued against A. Subsequently A was adjudicated insolvent, and thereafter A sold the same premises to C. The purchase money paid by C was applied in discharge of a mortgage decree against A with respect to the same land.

Held, (1) that no. question of priority by registration arose in this case, as the deed in favour of C was invalid, having been granted by A after A's estate had vested in the assignee; (2) that the adjudication of insolvency and the appointment of assignee were not registrable under " The Land Registration Ordinance, 1891 "; (3) that C was. entitled to a jus retentionis till the purchase amount was paid to him.

"It is true that the present case is somewhat different from that of a bona f