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ALUBHAY v. MOHIDEEN ET AL.


Alubhay V. Mohideen Et Al.,

1916. Present  : Wood Renton C.J. and De Sampayo J.

ALUBHAY v. MOHIDEEN et al.

140-D. C. Colombo, 42,918.

Injuction-Courts Ordinance, 1889, s, 87 (3)-Claim to compensation under Riot Damages Ordinance, No. 23 of 1915.

Before granting an injunction under section 87. sub-section (3), of the Courts Ordinance. 1889, the Court should find on sufficient material not only that the defendant threatened or was about to dispose of the property, bat that he had the intention to defraud the plaintiff thereby.

DE SAMPAYO J.-A specific debt due to the defendant from a third party may possibly come within that description of property, but I find it difficult to regard a claim for compensation payable under the Riot Damages Ordinance, No. 23 of 1915, as property in the nature of a debt.

THE facts are fully set out in the judgment of De Sampayo

Bawa, K.C. (with him Weinman), for first and second defendants, appellants.

A. St. V. Jayewardene (with him F. M. de Saram), for plaintiff, respondent.

Cur. adv. vult.

January 28, 1916. DE SAMPAYO J.-

This is a somewhat extraordinary case. The plaintiff has sued four defendants, who are alleged to be par







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