[IN THE PRIVY COUNCIL]

1960 Present: Lord Tucker, Lord Keith of Avonholm, Lord Jenkins,
Lord Morris of Borth-y-Gest, Mr. L. M. D. de Silva

THE LAND COMMISSIONER,

Appellant, and V. P. JAYEWARDENE
and another, Respondents

PRIVY COUNCIL APPEAL No. 26 OF 1959

S. C. 191-D. C. Colombo, 6499/L
 

    Land Redemption Ordinance, No. 61 of 1942 (as amended by Ordinance No. 62 of 1947)-acquisition of lands by Land Commissioner-Section 3 (1) (b) Construction.

Where several lands are mortgaged, and the mortgagor transfers to the mortgagee some but not all of the lands in satisfaction of the mortgage decree

entered against him, section 3 (1) (6) of the Land Redemption Ordinance is applicable if the Land Commissioner subsequently makes a determination to acquire a part of the lands conveyed.

APPEAL from a judgment of the Supreme Court reported in (1958) 60 N. L. .11. 265.

E. F. N. Gratiaen, Q.C., with Walter Jayawardene, for the defendant-appellant.

Sirimevan Amerasinghe, for the plaintiffs-respondents.

Cur. adv. vult.

July 27, 1960. [Delivered by LORD MORRIS or BORTH -Y-GEST]-

This appeal is brought against the Judgment and Order o