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

FERNANDO v. PERERA.

133-D. C. Negombo. 11.808.

    Land Registration Ordinance, No. 1 of 189X-Separate lands leased, together with one set of boundaries-Registered as one block-Is registration valid ?

Under the Registration Ordinance, 1891, each land must Re dealt with as a distinct corpus; the owner may, however, consolidate several contiguous lands and constitute out of these elements such a corpus, Rut in such a case it is necessary that reference should Re . made to the previous registration of the separate lands. Where,, therefore, G, who was entitled to a half share of one lot of 3 acres 2 roods and 20 perches, leased along with his mother an extent of 10 acres, including his lot, describing the whole by one set of Boundaries, and the whole extent was registered as one corpus-

Held, that the registration of the lease did not amount to a registration of a deed relating to or affecting this particular land.

" Though G described all the lands leased by him by one set of boundaries, he did not make any such consolidation; nor, indeed, could he do so, seeing that he was at that time entitled to an undivided half share only of the land in question (of 3 acres. 2 roods and 20 perches)."

THE facts are set out in the judgment

Bawa, K. C. (with him Canakeratne), for the appellant. Drieberg, for defendant, respondent.

Cur. adv. vult

1 Ratanlal's Unreported Crim. Oases 492.
2 Ratanlal's Unreported Crim. Gases 688.

July 31, 1917. DE SAMPAYO J.-

Fernando v. The two contiguous allotments of land called Kongahawatta and Perera Makullagahawatta, 3 acres 2 roods and 20 perches in extent, and forming one land, originally belonged to Paulu de Silva and his wife Catherina, and were gifted by them to their children, Gabriel and Maria, on deed No. 2,395 dated August 6, 1870. This deed of gift was registered on August 13, 1897, in folio B 51/378, in which two leases granted by Gabriel and Maria for their respective half shares in July, 1897, had been registered on July 21, 1897. A subsequent lease granted by Gabriel for his half share in May, 1899, was also registered on June 23, 1899, in the same folio. by deed No. 305 dated January 8, 1915, and duly registered, Maria gifted her half share to her son, the plaintiff. In the action No. 10,444, D. C. Negombo, the land was partitioned, and by decree dated November 23, 1915, lot A was allotted to the plaintiff, and lot B, which is the subject of the present action, was allotted to Gabriel. The lots A and were then registered in new folios, with appropriate reference to the old folio, in terms of section 27 of the Land Registration Ordinance, No. 14 of 1891. Under writ of execution against Gabriel lot b was sold by the Fiscal and purchased by the plaintiff, and the Fiscal's transfer was registered on January 27, 1917, in the new folio appropriated to lot R.

So far as the above series of deeds is concerned, the right folio for the purposes of registration was the original folio 51/378, inasmuch as it was the folio which the Registrar had opened for registering deeds relating to this particular land, and in which the first of such deeds was registered. (See Silva v. Appu 1[1 (1914) 4 Bed. Notes of Oases 28.] and Fernando v. Pedro Pulle.2[ 2(1916) 2 C. W. R. 75.]) Rut the defendant wishes to carry the registration to a still earlier date, and relies on a different folio as the right folio. It appears that by deed of lease No. 3,173 dated January 9, 1893, Gabriel and his mother Catherina, to whom a life interest had been reserved by the deed of gift, leased to the defendant a block of land 10 acres in extent, comprising several allotments, of which the land presently in question was one, describing the whole by one set of boundaries. This deed of lease was registered on April 17, 1894, in the folio B 40/300; and again on September 27, 1894, and August 18, 1902, Gabriel himsel