[FULL BENCH]

1913 Present: Lascelles C.J. and Wood Renton and Ennis JJ.

MUTTURAMEN v. MASSILAMANY.

331-D. C. Colombo, 34,176.

Purchaser under mortgage decree-Registration, of mortgage bond enures to benefit of purchaser-Competition between purchaser and a lessee of the mortgagor-Lease executed before mortgage, but registered after-Is mortgagee bound to give notice, to lessee under s, 643, Civil Procedure Code ?

A leased his land to B by a deed dated 1908 and registered in February, 1910. Thereafter A mortgaged his land to C by a bond dated 1907 and registered in the same year. Under the mortgage decree obtained by C against A the land was purchased by D in April, 1910, D obtained a Fiscal's transfer on August 19, 1910, and registered it on the 25th of the same month.

Held, that B's lease was void as against D, as the competition was between the lease and the mortgage and not between the lease and the Fiscal's transfer.

The prior registration of a mortgage bond enures to the benefit of the purchaser in execution of the mortgage decree.

The duty of a mortgagee under section 643 of the Civil Procedure Code to notice subsequent incumb