Ahamado Muheyadin V. Thambiappah

1945 Present: Gannon and Canekeratne JJ.

AHAMADO MUHEYADIN, Appellant, and THAMBIAPPAH,
Respondent.

75-D. C. Batticaloa, 153.

Mortgage-Hypothecary action-Death of mortgagor-Appointment of legal representative under Mortgage Ordinance-Tender of evidence that value of mortgaged property does not exceed Rs. 2,500-Condition precedent-Mortgage Ordinance (Cap. 74), s. 7.

A condition precedent to the appointment of a person to represent the estate of a deceased mortgagor under section 7 of the Mortgage Ordinance (Cap. 74) is that evidence should be tendered that the value of the mortgaged property does not exceed two thousand five hundred rupees. Failure to comply with this condition would render the order of court appointing a legal representative void ab initio and the con-sequent sale and other proceedings a nullity as against the deceased estate.

APPEAL from a judgment of the District Judge of Batticaloa.

H. V. Perera, K.C. (with him E. B. Wikremanayake and G. Thomas)-for the plaintiff, appellant.

N. Nadarajah, K.C. (with him S. Nadesan), for the defendant, respondent.

Cur. adv. vult.

August 20, 1945. CANNON J.

This appeal d

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