1916 Present: Shaw J.

THE KING v. APPU.

69-D. C. Negombo, 3,086.

Cheating-Penal Code, s. 403-Representation by mortgagor that land was free from encumbrance-Land subject to lease.

A representation by a person that a land is " free from encumbrance " amounts to a representation that it is not subject to any lease

A person mortgaging a land representing that it is " free from encumbrance " would be guilty of cheating, if the land was subject to a lease at the time.

Accused in this case was acquitted on the ground that there was no evidence of a criminal intention on his part.

THE facts are set out in the judgment.

A. St. V. Jayewardene (with him Amerasekera), for appellant.

Dias, C.C., for respondents

April 6, 1916. SHAW J.-

The accused has been convicted of cheating, under section 403 of the Penal Code, and sentenced to pay a fine of Rs. 500, or in default three months' rigorous imprisonment.

The accused was the owner of some land situated at Dagonna, which was subject to a mortgage for Rs. 500, and in respect of which he had, on May 8, 1913, granted a lease to one Pelis Appuhamy for ten years, the whole rent for the term, viz., Rs. 500,