Saiboo vs Sirimale – clr volume 2 page 146_1

In the case between the plaintiff, a mortgagee with right of possession on certain land, and the defendants (the mortgagor and subsequent transferee of the land), the court addressed whether a party relying on registration of a mortgage instrument must plead and prove the fact and date of registration to obtain priority over an earlier conveyance. It was held that failure to specifically plead and establish registration precludes priority over a prior conveyance, reaffirming the principle that registration-based priority must be properly pleaded and proven. This position was derived from prevailing legal requirements regarding registration statutes and the burden of proof, underscoring that the absence of detail in pleadings and evidence can be dispositive on the issue of competing title c