Present: Bertram C. J. and Ennis J. 1924.

SAMARA et al. v. ELVES.

 326-D.C.Kandy, 29,151.

Lis pendens-Ordinance No. 29 of 1917-Applicable to cases pending at the date of passing of the Ordinance-Prescription-Uninterrupted possession -Possession need not continue till date of action.

Section 3. of the Land Registration Amendment Ordinance, No. 29 of 1917, which enacts that a lis pendens shall not bind a purchaser unless and until it is registered, applies to a lis pendens initiated but not concluded before the passing of the Ordinance.

N. E. Weerasuriya, for plaintiff, appellant.

H. V. Perera, for defendant, respondent.

February 11,1924. BERTRAM C.J.-

This case raises a question of law. 'That question is whether section 3 of the Land Registration Amendment Ordinance, No. 29 of 1917, as amended by Ordinance No. 21 of the following year, which declares that "a lis pendens shall not bind a purchaser unless and until it is registered," applies to a lis pendens initiated but not concluded before the passing of the Ordinance.

The facts are these : Plaintiffs and a brother (since dead) brought an action against one Babappu (since dead) and