Judgement

Appeal from a judgment and decree of the Chief Court of Lower Burma (May 6, 1914) varying the judgment and decree of Robinson J. at the trial.

In 1902 Ko Tha Gywe borrowed from Revashankar Jagjivan & Co. the sum of Rs. 50003 depositing with them as security four documents of title relating to two houses in Rangoon. These documents were as follows —(1.) A building lease dated April 2, 1884. from the Government to one Maung Bwa of a plot of land for five years, the tenancy to continue thereafter until terminated by either party giving three months notice in writing; (2.) a building lease dated July 1, 1884, from the Government to Ma Thit, the wife of Ko Tha Cywe, of another plot for the same term ; (3.) a sale deed, dated January 5, 1888, whereby the said Maung Bwa assigned to the said Ma Thit a dwelling-house described as situated in 14th Street, Rangoon, for the residue of the term of five years created by the lease of April 2, 1884 ; (4.) a sale deed, dated January 3, 1901, by which Ko Tha Gywe purchased a house " known as No. 88, situate in 14th Street, Rangoon." Ko Tha Gywe died shortly afterwards and his daughter Ma Saw took over his liability under the loan, executin