1928 Present: Garvin and Drieberg JJ.

SILVA v. DAVITH et al.

226, 226A-D. C. (Inty.) Kalutara, 9,873.

Registration of deeds-Ola deed of 1815-Starting point of prescriptions-Mortgage action-Lis pendens-Non-registration of decree-Transfer pendente lite-Subsequent purchaser.

An ola instrument of 1815, which has not been registered in accordance with the provisions of Ordinance No. 6 of 1866, may be admitted in evidence for the purpose of establishing a starting point for a prescriptive title.

An unregistered decree in a mortgage action instituted prior to Ordinance No. 29 of 1917 (Registration of lis pendent) operates as a valid charge against a transfer effected by the mortgagor pendants lite.

Where a purchaser from such transferee obtained his conveyance after the decree and registered it,-

Held, that the registration of His conveyance did not give it priority over the unregistered decree.

APPEAL from a judgment of the District Judge of Kalutara. The question in dispute in case No. 226 is stated by the learned Judge as follows:-" The plaintiff's title is based on a Dutch grant of 1704. The contesting defendants claim the right by pre