Supreme Court dismisses appeal against decision of High Court (Laffoy J) holding that court did not have jurisdiction or power to make an order for sale in lieu of partition at the suit of a judgment mortgagee of registered land.
Application for well-charging order by Collector General - co-owner of defendant joined as co-defendant - whether court has jurisdiction to make order for sale where judgment mortgage affects interest of one of two joint tenants of land where land is freehold registered land - section 71(4) Registration of Title Act 1964 - partition of land - jurisdiction to grant sale in lieu of partition - whether judgment mortgagee is a "person interested" - sections 3 and 4 Partition Act 1868.