Sando vs Abeygoonewardane – clr volume 2 page 091

In the case between the purchaser (as plaintiff), who acquired land via private conveyance in satisfaction of a mortgage judgment, and multiple defendants (notably the seventh defendant, who claimed possession of the disputed garden and field), the court addressed the validity and priority of title arising from a private mortgage conveyance versus prior acquisition from a fiscal (judicial) sale. It was held that while the plaintiff could establish rights against certain defendants, the title to the garden and adjoining field as claimed by the plaintiff was effectively displaced by the earlier fiscal sale. This judgment reaffirmed the legal principle that a valid title passed from a fiscal sale takes precedence over a subsequent mortgage-based conveyance, in the absence of proof to the cont