Rattaranhamy V. Appunaide Et Al.,

Present: Dalton J. and Jayewardene A J.

RATTARANHAMY .v. APPUNAIDE et al.

97-D. C. Ratnapurara, 4,607.

    Usufructuary mortgage-Agreement not to lease or mortgage-Subsequent mortgage-Bight of second mortgagee to discharge the previous mortgage-Authority.

The owner of certain property gave a usufructuary mortgage-to the defendants, covenanting that " he will not, during the continuance of this mortgage, lease or mortgage, the said premises or do any act or deed whatever, which may impeach the rents and income thereof, without the consent in writing first had and obtained."

Thereafter he gave another usufructuary mortgage to the plaintiffs, who were authorized to retain a portion of the consideration for the discharge of the previous mortgage.

Held, that the plaintiffs were entitled to redeem the mortgage granted to the defendants.

THIS was an action brought by the plaintiffs to redeem a usufructtuary mortgage granted by one Mohottihamy on September 16, 1922, in favour of the defendants to secure a sum of Rs. 350. On April 24, 1925, Mohottihamy executed a further usufructuary mortgage in favour of the plaintiffs for the

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