Murugaser Marimuttu vs Charles Henry De Soysa – clr volume 1 page 032_2

Brief
The case between Murugaser Marimuttu and Charles Henry de Soysa concerned whether a plaintiff, not a party to the original proceeding establishing the defendant’s right as mortgagee in possession, could obtain possession of mortgaged property without fulfilling the outstanding mortgage debt. It was held that such relief was inconsistent with the terms of the prior decree and the contractual obligations under the mortgage, reaffirming the principle that a mortgagor or successor cannot dispossess a mortgagee in possession without redemption. Previous statutory and contractual principles governing mortgagee rights and redemption were applied, emphasizing the necessity of satisfying outstanding liabilities prior to obtaining possession.

Lord Hobhouse J. — The analysis determined that a