Singho V. Wijesinghe Et Al.,

1920 Present : De Sampayo J.

SINGHO v. WIJESINGHE et al.

 45-C. R. Avissawella, 10,459.

Registration-Different names-Is identity of names essential ?-Wrong folio.

A sold her interest in a land to the plaintiff by deed dated January 4,1916, and registered on January 24,1919. Subsequently by deed dated January 3, 1919, A sold the land to the defendant, and this deed was registered on January 8, 1919. Plaintiff's deed was registered in a folio in which a deed relating to the land was first registered (a deed of 1900). Defendant's deed was registered in a different folio and under a different name. In a deed of 1856 this land was called Danketiyahena, and under this name the land was sold to the defendant. But in plaintiff's deed and in the deed of 1900 the name given was Kehelkotuwehitinawatta.

Held, that the plaintiff had superior title, as identity of name was not essential for registration.

" I think the Commissioner, in holding, as he did, that the registration of this particular land should have been according to the name by which the land was called in the old deed, is not right."

THE facts are set out in the judgment.

Cr

Click Here to Read the rest of this document