Ebrahim V. Thiagarajah, Et Al.,

1931 Present: Drieberg J. and Akbar J.

EBRAHIM v. THIAGARAJAH et al.

26 D. C. (Inty.) Colombo, 35,982.

Sequestration before judgment-Sale in execution of decree-Fiscal's transfer executed-Application for delivery of possession-Property under mortgage-Bond not reduced to decree-Application by mortgagee to stay delivery of possession-Civil Procedure Code, s. 287.

The plaintiff in an action for the recovery of an unsecured debt applied for and obtained a writ of sequestration before judgment and seized a property belonging to the defendant. In execution of his decree the property was sold and purchased by the plaintiff, in whose favour a Fiscal's transfer was issued.

Thereafter the plaintiff applied under section 287 of the Civil Procedure Code for an order of delivery of possession.

The petitioner, who held a mortgage over the property, which had not been reduced to a decree, moved to have delivery of possession to the plaintiff stayed.

Held, that the petitioner-mortgagee was not entitled to have delivery of possession to plaintiff stayed.

APPEAL from an order of the District Judge of Colombo.

Hayley K.C. (with him Tissev

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