Rev. Kiralagama Sumanatissa Thero v. Aluwihare and Another – sllr 1985 volume 1 page 019

In the case between Rev. Kiralagama Sumanatissa Thero and the original mortgagee with the purchaser at the execution sale, the issue concerned the validity and enforceability of a mortgage on temple (sanghika) property under Section 26 of the Buddhist Temporalities Ordinance, the operation of a mortgage bond and decree, and the admissibility of fresh evidence at the appellate level. It was determined that although the mortgaging of temple property may be statutorily questionable, a hypothecary decree and a sale ordered by a court of competent jurisdiction are not void and operate as res judicata, binding upon the plaintiff. The judgment reaffirmed the legal principle that judgments of competent courts cannot be collaterally impeached and that parties must diligently bring forward all evide