HE ARNE T.—Coomaraswamy v. Fernando.
Present: Soertsz and Hearne JJ.
COOMARASWAMY v. FERNANDO.
196—D. C. (lnty.) Kalutara, 17,049.
Mortgage decree—Property purchased by the plaintiff—Interest on aggregatesum—Recoverable ftgm date of sale• to confirmation.
A mortgagee, who in execution”of a hypothecary decree purchases theproperty mortgaged to him is entitled to recover interest on the aggregateamount decreed to. him from the date of sale until its confirmation.
^^PPEAJL from an order of the District Judge 6f Kalutara.
N. E. Weerasooria (with him G. P. J. Kurukulasuriya). for firstdefendant, appellant.' –
E. B. Wikremanayake, for plaintiff, respondent.
Cur. adv. vult.
June 29, 1937. Hearne J.—
The point in this appeal which involves a sum of approximatelyRs. 1,200 is whether the plaintiff in the lower Court, here the respondent,who had become the purchaser of the defendant’s property against whichhe had issued an order of sale in order to recover the amount due to himon a decree of Court, is entitled to recover interest on the full amountof the said decree for the period between the sale and its confirmation.To my mind he is entitled to interest up to the confirmation of saleas the decree is not satisfied till the sale has been confirmed. This wasthe ratio decidendi, with which I respectfully agree, in the case of Ganesh v.Purshottam1 which was followed in Khalil-ur-Rakaman v. Gokul Prasadreported in (1919) I. L. R. 41 All. 526.
The appeal is dismissed with costs.
Soertsz J.—I agree.