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1925 Supreme(SC) 24

LORD ATKINSON, LORD CARSON, SIR JOHN EDGE
KIRKWOOD, ALIAS MA THEIN – Appellant
Versus
MAUNG SIN (DEFENDANTS) – Respondent


Advocates:
Solicitors for appellants:Light & Fulton. Solicitor for respondents: Douglas Grant.

Judgement

Appeal (No. 87 of 1924), by special leave, from a decree of the Chief Court of Lower Burma (April 18, 1921) reversing a decree of the District Court of Hanthawaddy (October 22, 1917).

The suit giving rise to the appeal was instituted in the District Court on March 13, 1914, the present appellants and others being plaintiffs, and the respondents defendants. The claim was for a declaration that two references to arbitration, and the award made thereon upon June 10, 1910, were void and not binding upon any of the parties thereto. The arbitration related to the estates of two deceased Burmese Buddhists—namely, Ko Po Cho, who died on December 13, 1907, and his father U Baw, who died on December 28, 1907. The first appellant (plaintiff No.2) was the daughter of Ko Po Cho; the second appellant (plaintiff No. 4) was his widow.

An application by the respondents to have the award filed in Court had been rejected by the District Judge on December 9, 1910.

The facts material to the appeal appear from the judgment of the Judicial Committee.

Other questions relating to the estate of U Baw were the subject of the appeal Kirkwood v. Maung Sin. (( 1924) L. R. 51 I. A. 334.)

The District J









































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