1932 Present: Garvin S.P.J. and Akbar J.

DIAS et al. v. SILVA.

57-D. C. Kalutara, 15,156.

Contribution among co-debtors-Discharge of mortgage by one-Impensautiles-No real charge on property-Remedy of co-debtor.

Where one of the several co-debtors of a debt, secured by a mortgage, has discharged the debt, the property does not become burdened with a real charge in favour of the debtor who has paid the debt, for a proportionate share of the contribution due from the others.

APPEAL from a judgment of the District Judge of Kalutara.

N. E. Weerasooria (with him Amaresekere), for appellant.

H. V. Perera (with him Rajapakse), for respondent.

March 10,1932. GARVIN S.P.J.-

The facts material to this appeal are these. One Clementina de Silva was the owner of four distinct allotments of land. She died intestate leaving her surviving her husband Cornells and three children, Harriet, Vincent, and Grace. Harriet and Vincent joined their father Cornells in

executing a conveyance of all their interests in favour of Grace in two of these allotments. Prior to the execution of this conveyance two mortgages had been executed in the year 1919; by the