Hendrick Singho V. Kalanis Appu Et Al

 [FULL BENCH.]

1921 Present: Bertram C.J. and Ennis and Do Sampayo JJ,

HENDRICK SINGHO v. KALANIS APPU et al.

56-D. C. Kalutara, 9,493.

Civil Procedure Code, ss. 237, 238, 289- Seizure not registered-Sale by judgment-debtor after Fiscals sale and before issue of Fiscal's conveyance-Prior registration of conveyance in favour of private alienee-Does section 289 override the provisions of s. 238 ?- Relation back.

Section 289 of the Civil Procedure Code does not override the provisions of section 238; the title of the purchaser at the Fiscal's sale does not, on the issue of the Fiscal's conveyance, prevail over any intermediate alienation by the execution-debtor, unless the Fiscal's seizure was registered. ,

"If the seizure is not registered, the necessary implication of section 238 is that a bona fide private alienee is statim securus. Section 289, as regards relation back, must be read in the light of section 238, and its operation should not be extended to a case where the seizure has not been registered."

THE plaintiff, respondent, instituted this action for declaration . of title to lot 1 of a land called Imbalahena, wh

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