Kandiah Et Al., V. Sivakanupillai Et Al.,

1943 Present:  Hearne and Wijeyewardene JJ.

KANDIAH et al, Appellants, and SIVAKANUPILLAI et al.,
Respondents.

224-D. C. Jaffna, 16,179.

Mortgage-Sale of property subject to payment of mortgage debt-Discharge of mortgage by vendee-Seizure in execution of property-Claim by vendee-Right to payment of mortgage debt.

On January 1, 194O, third defendant conveyed the property in question to the plaintiff, subject to a mortgage which the plaintiff undertook to discharge and to pay the third defendant a certain sum of money in addition. On July 29, 1940, first and second defendants issued writ against the property and seized it. On August 5, 1940, the plaintiff discharged the mortgage debt. On seizure of the property plaintiff claimed it, but his claim was disallowed and the present 247 action followed.

Held, that the property was liable to be sold under the writ issued by the first and second defendants subject to a right of mortgage in favour of the plaintiff to the extent of the mortgage debt.

APPEAL from a judgment of the District Judge of Jaffna.

N. Nadarajah, K.C. (with him H. W. Thambiah), for first and second

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