Beatrice Perera V. Perera, N.A.

1960   [IN THE PRIVY COUNCIL]

Present : Viscount Simonds, Lord Tucker, Lord Jenkins,
Lord Morris of Borth-y-Gest, Mr. L. M. D. de Silva

BEATRICE PERERA, Appellant, and N. A. PERERA and other
Respondents

Privy Council Appeal No. 24 of 1957

S. C. 99-100-D. C. Colombo, 6,306/L

    'Vendor and purchaser-Exceptio rei venditae et tradita Section 238 of Civil Procedure Code-Judgment debtor is not immune from the consequences of his. Own act.

Under the doctrine of the exceptio rei venditae et traditae the purchaser who had got possession from a vendor, who at the time had no title or had no right to convey title, could rely upon a title subsequently acquired by the vendor.

By section 238 of the Civil Procedure Cod

"When a seizure of immovable property is effected under a writ of execution and made known as provided by section 237 and notice of the seizure is registered. Under the Registration of Documents Ordinance, any sale, conveyance, mortgage, lease, or disposition of the property seized, made after the seizure and registration of the notice of seizure and while such registration remains in force is void as against a purchaser

Click Here to Read the rest of this document