Judgement

Appeal (No. 84 of 1923) from a decree {January 30, 1922) of the Chief Court of Lower Burma, reversing a decree (December 6, 1920) of the Additional District Judge of Tavoy.

The suit was instituted by the present respondents, Nos. 1 to 4, minors suing by their guardian, against the appellants and respondent No. 5, who was joined pro forma. The plaintiffs by their plaint alleged that Ma Shwe Kin was the third wife and surviving widow of one Khoo Shwe Goon deceased ; as step-grandchildren of Ma Shwe Kin they claimed administration of her estate, on the basis that as step-grandchildren they were entitled to her estate jointly with respondent No. 5, her stepson. The appellants were sued as having intermeddled with, and being in possession of, the estate.

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

Upon the grounds stated in that judgment the Additional District Judge at Tavoy dismissed the suit, but upon appeal the Chief Court made a decree for administration, on the basis that the plaintiffs jointly with defendant No. 5 were entitled to the whole of Ma Shwe Kins separate estate, and to one-half of her undivided share in the estate of her deceased mo