Judgement

Appeal from a judgment and decree of the Chief Court of Lower Burma (June 19, 1918) reversing a decree of Young J.

The appellant instituted the suit in the Chief Court against his wife, the respondent, praying for a declaration that two houses known as " Kildare " and " Kerry " in Rangoon were transferred to the respondent benami, and that the appellant was the true owner of them ; and for an order that the respondent should transfer the properties into the name of the appellant. By his plaint the appellant alleged that he had the two properties in question transferred into the respondents name benami, under the mistaken view that the rules of the Government department in which he was employed fettered his free action in the purchase of land, and that he had purchased the properties with the object of making provision for his children. The respondent by her written statement denied that either of the properties had been bought benami, and alleged that the appellant had bought the land and built the houses thereon for the purpose of making provision for her.

The trial judge (Young J.) delivered judgment for the plaintiff (appellant) as prayed, but that decision was reverse