Judgement

Appeal (No. 66 of 1928) from a decree of the High Court in its appellate jurisdiction (February 7, 1927) affirming a decree of the Court in its original jurisdiction (May 3, 1926).

The suit related to the validity of a transfer of rights under a deed of settlement executed in 1908 by U Ohn Ghine, a merchant of Rangoon, who was a Kalai and died in 1911. The provisions of the deed sufficiently appear from the judgment of the Judicial Committee. Questions as to the right of succession to the settlor and the validity of the settlement were raised by suits in 1913. By a judgment of the Judicial Committee in 1921, reported at L. R. 48 I. A. 553, it was held that the settlor was not a Hindu within the meaning of the Burma Laws Act, 1898, s. 13, and that the settlement was valid. In 1919 Maung Chit Maung, the eldest son of the settlor, sold and transferred to Mahomed Ebrahim Moolla " all his undivided share of inheritance right and interest in and to the estate of U Ohn Ghine, deceased, and in the rents profits investments or income thereof and all his right and interest under the trusts of the said settlement .... with all income, rents investments and profits of the said trust