Judgement

Consolidated Appeal and Cross-appeal (No. 96 of 1928) from a decree of the High Court at Rangoon (May 18, 1927) varying a decree of the District Court of Thaton (May 4, 1926).

The suit was instituted by the respondents in the main appeal on September 20, 1923, but proceeded to trial upon an amended plaint dated August 22, 1924. The plaintiffs claimed a declaration of title to, and partition of, a fourth share of certain land which the appellants had bought at a Court sale under a mortgage, and an account.

The facts giving rise to the litigation appear from the judgment of the Judicial Committee.

The trial judge dismissed the suit on the ground that the plaintiffs had no cause of action. On appeal the High Court (Rutledge C.J. and Brown J.) set aside the decision and made a decree for accounts. The grounds of the decisions appear from the present judgment.

The defendants appealed, contending that the plaintiffs had no cause of action, and that if they had it was barred by limitation; the plaintiffs cross-appealed, contending that they were entitled under the Indian Trusts Act, 1882, to a quarter of the land.

1930. July 15, 17. E. B. Raikes K.C. and G. D. McNair for the app