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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