1956 Present: Weerasooriya, J., and H. N. G. Fernando, J.

R. G. DE SILVA, Appellant, and M. V. ZOYSA et al, Respondents

S. C. 118-D. C. Balapitiya, 423

Sale of immovable property-Conveyance coupled with clause for reconveyance-Oral evidence of mortgage-Admissibility-Tender of money-Quantum of evidence.

In a transfer of immovable property, what purports to be a conveyance coupled with a clause for reconveyance on payment of a certain sum of money within a stipulated period cannot be proved by oral evidence to have been in reality a mortgage.
Quantum of evidence necessary to prove tender of money before the due date considered.

APPEAL from a judgment of the District Court, Balapitiya.

Sir Lalita Rajapakse, Q.C., with Bertram J. de Zylva, for the 2nd defendant-appellant.

S. C. E. Rodrigo, for the plaintiff-respondent.

Cur. adv. vult.

March 28, 1956. H. N. G. FERNANDO, J.-

The plaintiff in this action has been granted a decree declaring that two deeds executed by him are in the nature of mortgage bonds and that he is entitled to obtain a discharge of the bonds on payment of specified sums of money.

By a notarial document dated 11th Octobe