Abdul Hamidu V. Perera

Present: Ennis A. C. J. and Jayewardene A. J.

ABDUL HAMIDU v. PERERA.

316-D. C. Ratnapura, 4, 065.

Partition-Mortgage of undivided share-Safe of mortgagor's interest in execution to third party-Partition action, -Share allotted to purchaser-Does the mortgage attach to the share-Ordinance No. 10 of 1863, s. 12.

A co-owner mortgaged his undivided share of a land, which was subsequently sold in execution against him and bought by a third party, who intervened and was allotted the share in a partition action, to which neither the mortgagor nor mortgagee was part}'.

Held, that it was not necessary for the mortgagee to have intervened in the partition action to preserve his rights, and that under section 12 of the Partition Ordinance the mortgage attached to the divided portion allotted to the purchaser in execution.

APPEAL from a judgment of the District Judge of Ratnapura. Action by the plaintiff on a mortgage bond dated January 7, 1916, by which the first defendant mortgaged the undivided share of a certain land to him. The mortgage was registered on August 12, 1916. In execution in case No. 32, 325, D. C. Colombo, the mortgagor's inte

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