1933 Present: Dalton A.C.J. and Drieberg J.

STRONG v. MARIKAR.

209-D. C. (Inty.) Puttalam, 4,441.

Caveat-Creditor files caveat to prevent alienation of property by debtor in fraud of creditors-Object of caveat-Register able interest in land- Registration of Documents Ordinance, No. 23 of 1927, ss. 30, 32, and 33.

Section 32 of the Registration of Documents Ordinance does not entitle a creditor, who has not obtained judgment against his debtor, to enter a caveat to prevent the alienation of property by his debtor in fraud of creditors.

The object of the section is to give the caveator notice of a deed in order that he might have it rectified or cancelled under sub-section (5) if he can show that it is void or voidable or fraudulent as against him or that it is in derogation of his lawful rights.

It does not alter the substantive law regarding the grounds on which he can have the deed cancelled.

Held further, the caveator is not bound to show that he has a register-able interest in the land, the registration of deeds affecting which he seeks to prevent.

IN this action the appellant sued the respondent for the recovery of a sum of Rs. 10,66