Judgement

Appeal (No. 7 of 1931) from a decree of the High Court (April 1, 1930) affirming a decree of the District Judge of Pyapon (December 10, 1928).

The present suit was brought in 1927 in the District Court by respondent No. 1 against her brothers (the appellant and respondent No. 2), her sister (respondent No. 3) being added as a defendant pro forma. The plaint stated that Ma Myit, the mother of the parties, died a Burmese Buddhist on January 22, 1918, possessed of property of which the brothers had taken possession ; the plaint claimed a one-fourth share of the property, and administration of the estate.

Ma Myit had been married to a Chinaman, who died in 1902.

The appellant alone put in a written statement. In addition to pleas by which he relied upon Chinese Buddhist law as being alone applicable, he pleaded that the suit was barred by res judicata by reason of the decision in a suit brought in 1918. That suit had been brought by respondent No. 3, the defendants being the other parties to the present suit and the relief the same as that now sought. The suit had been dismissed by a final decree of the High Court made in 1924 upon the ground that Chinese customary law applie