Judgement

Appeal (No. 10 of 1923) from a decree (October 25, 1921) of the Court of the Judicial Commissioner, reversing a decree (March 31, 1920) of the District Judge of Mandalay.

The suit was brought by the appellants, two of the children of U Nyein, a deceased Burman Buddhist, by his first wife, against the first respondent, Ma Than, the second wife of U Nyein, she having survived him without having children. The other five children by the first marriage were joined as respondents. The appellants claimed that upon the death of U Nyein they were entitled to a share of his property.

The facts appear from the judgment of the Judicial Committee.

The appellants by their plaint alleged that by Burmese Buddhist law Ma Than was entitled to a quarter only of the property which U Nyein brought to the marriage (called the " payin " property), and to two-thirds of the property acquired after her marriage (called the " lettetpwa " property) ; they claimed that they and the other children by the first marriage were entitled to share the residue.

The trial judge made a preliminary decree declaring that each of the plaintiffs was entitled to one-seventh of the " payin " property, and one forty-