EBERT SILVA v. WIJESEKERE
1946
Present: Howard C. J
EBERT SILVA, Appellant, and WIJESEKERE, Respondent.
81-C. R. Panadure 9,499.
Registration of
Documents-Competition between deeds of transfer executed by a person during his
life time and, after his death, by his heirs- Same source-Decree ?affecting
land?-Decree in 247 action relating to immovable property-Is a registrable
instrument-Registration of Documents Ordinance (Cap. 101), ss 7, 8, (b).
P conveyed his share in a land to plaintiff. After P?s death
his intestate heirs conveyed the same property to defendant. The deed in favour
of plaintiff was not registered in the correct folio, whereas the conveyance by
the heirs of P to the defendant was property registered.
Held, that the two conveyances proceeded from the same
source and that the deed in favour of plaintiff was void as against the
subsequent deed in favour of defendant by reason of prior registration.
Held, further, that a decree which the plaintiff had
obtained as against P?s heirs in an action brought by him under section 247 of
the Civil Procedure Code was a registrable instrument within the meaning of
section 8 (b) of the Registratio
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