1933 Present: Garvin A.C.J. and Maartensz A.J.

CARRON v. FERNANDO et al.

 360-D. C. Negombo, 6,637.

Lease-Mortgage of leasehold interest-Nature of notarial lease-Jus in Effective charge against third party-Rate of interest-Proof that it is ; not unreasonable-Ordinance No. 2 of 1918, s. 4.

A notarially executed lease of land creates a real right in the land and a duly registered mortgage of the leasehold interest is an effective and an enforceable charge into whosoever's possession that interest may pass.

A person is not entitled to recover interest at a higher rate than 15 per cent. upon a loan exceeding Rs. 2,500 in the absence of proof of special circumstances showing that the rate is not unreasonable.

THE plaintiff, as the executrix of the estate of the late T. K. Carron, instituted this action to recover moneys alleged to be due to the estate upon a bond No. 450 of January 9, 1929, whereby the first and second defendants hypothecated to and with the said T. K. Carron all their interests in a lease of the premises described in schedule A and, in addition, the lands and premises described in schedule B. The leasehold interests