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

SILVA v. LEIRIS APPU.

164-D. C. (Inty.) Tangalla, 2,838.

Judgment-debt-Appropriation of payments by judgment-debtor after decree- Principle of Roman-Dutch law.

The rule of the Roman-Dutch law that a payment by a debtor should be applied by the creditor to the liquidation of the most onerous part of the debt has no application to a judgment-debt.

APPEAL from a judgment of the District Judge of Tangalla.

L. A. Rajapakse (with him Olegasegaram), for defendant, appellant.

N. E. Weerasooria, for plaintiffs, respondent.

Cur. adv. vult.

July 3, 1936. AKBAR S.P.J.-

By mortgage decree dated August 15, 1929, the defendant-appellant was ordered to pay Rs. 882 being principal and interest due on a mortgage bond with interest at 9 per cent, from date of decree till date of payment and also costs of the action. In default of payment of this amount, interest, and costs on or before August 31, 1929, the mortgaged property was to be sold and the proceeds applied towards the payment of the. amount, interest, and costs. On January 30, 1930, the application of the plaintiff for execution of decree was allowed. Th