Saravanamuttu V. Solamuttu

Present: Bertram C. J. and Ennis J.

SARAVANAMUTTU v. SOLAMUTTU.

483-D. C. Colombo, 7581.

Mortgage-Registration of his pendens-Failure to register decree-Sale by mortgagor after decree-Purchase by mortgagee-Equitable rights-Ordinance No. 14 of 1891, ss. 16 and 17.

A mortgagee registered his mortgage and his address, and on instituting his action on the bond failed to register either lis pendens or the decree, and bought the land in execution of his decree.

After the decree, the mortgagor sold the land to the plaintiff who registered his transfer.

Held, that a mortgage decree requires registration under section 16 of the Land Registration Ordinance, and that, unless it is so registered, it is void as against a purchaser for valuable consideration, who acquires title after judgment and before execution.

In the case of a mortgage action, the doctrine of lis pendens operates after judgment and up to the conclusion of execution.

Where a person has bought subject to a registered mortgage, he ought not to be allowed to eject the purchaser under the decree, except on terms of equitable compensation in respect of the extinction of the m

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