Fernandopulle V. Perera Appuhamy

1950 Present : Jayetileke C.J. and Nagalingam J.

FERNANDOPULLE, Appellant, and PERERA APPUHAMY,

Respondent

S. C. 172-D. C. Negombo, 15,385

Debt Conciliation Ordinance, No. 39 of 1941-Meaning of " debtor "-" Mortgage " does not include " Moratuwa mortgage "-Matter pending before Debt Conciliation Board-Bar of civil actions-Sections 32, 36, 56.

Where there was a transfer of property with an undertaking to re-sell it within a specified time, and the transferor continued to be in possession of the property-

Held, that the transaction was not in form a mortgage or charge over property and could not, therefore, be the subject-matter of proceedings before the Debt Conciliation Board. The term " mortgage or charge " in Ceylon cannot be said to include transactions called " Moratuwa mortgages " which are the local equivalent of the English and Indian mortgages.

Held further, (i) that section 56 (a) (ii) of the Debt Conciliation Ordinance could not prevent a proceeding held before the Debt Conciliation Board from being declared by a Court of Law as invalid for want of jurisdiction.

(ii) that the Debt Conciliation Board had no power

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