Murugappa Chetty V. Alpisingho Et Al.,

1936 Present : Akbar S.PJ. and Koch J.

MURUGAPPA CHETTY v. ALPISINGHO et al.

417-D. C. Colombo, 27,787.

Mortgage action-Mortgage of shares to be allotted in partition action-Lease pending action-Mortgage subject to lease-Ordinance No. 10 of 1863, ss. 12, 13, 17.

The first and second defendants mortgaged with the plaintiff, during the pendency of a partition action the shares of the land to which they , would be declared entitled under the decree in the action. Thereafter they executed a lease of their undivided interests to the third defendant, also during the pendency of the partition action.

Held (in an action brought by the plaintiff to enforce the mortgage), that the mortgage was subject to the lease in favour of the third defendant.

PLAINTIFF instituted this action against the first and second defendants to recover a sum of Rs. 4,000 and interest on a mortgage bond dated March 26, 1924. The defendants by the bond mortgaged with the plaintiff all that share and portion of the whole land which they shall be declared entitled to in a partition action and all that share of the proceeds of sale of the said land in t

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