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ANOHAMY et al. v. HANIFFA


Anohamy Et Al. V. Haniffa

[FULL BENCH.]

 1923 
 Present: Bertram C.J., Ennis, Porter, and Schneider JJ.,
 and Garvin A.J.

ANOHAMY
et al. v. HANIFFA.

57-D. C. (Inty.) Matara, 199 H.

Lis pendens-Gift by husband to wife-Liability for debts of husband-Mortgage action not registered-Relation back of decree to mortgage

On August 31, 1918, Senaratne transferred four lands to his wife. Both husband and wife mortgaged the lands to Bastian on October 7, 1918. The deed was registered on October 16, 1918. Seyanis instituted an ordinary money action against Senaratne on October 10, 1918, and obtained judgment on February 3, 1919. Bastian put his bond in suit and obtained decree on December 1,1920. . The sale under the mortgage decree was held on February 6, 1921, and the lands were purchased by defendant, 'who obtained a Fiscal's . transfer on April 7,1921 (registered on the same day). Bastian did not register the lis pendens. Meanwhile Seyanis seized the lands in execution of his decree. Bastian caused notice to be given of his mortgage and that the bond had been put in suit. The lands were purchased by the plaintiffs, who obtained Fiscal's transfer on February 4, 192

















































































































































































































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