Judgement

Appeal (No. 37 of 1928) from a decree of the High Court (February 26, 1926) reversing a decree of the District Judge of Hanthawaddy (February 26, 1925).

The appeal arose out of an application by the appellants under the Probate and Administration Act, 1881, for a grant of probate of the will dated January 22, 1906, of It. Mooniandy, who died on February 16, 1924, and a counter-application by the respondent for a grant of probate in respect of a

Law. Rep. 57 Ind. App. 96 ( 1929- 1930)

Vellasawmy Servai V. Sivaraman Servai 246

will of the same testator dated January 23, 1924.

The District Judge ordered the matter to be tried as a regular suit and framed issues.

Upon the oral and documentary evidence the District Judge found that the evidence of the two attesting witnesses to the will of 1924 was false, and granted probate of the will of 1906.

The High Court (Rutledge C.J. and Maung Ba J.) reversed the decision, and admitted the will of 1924 to probate.

An application to the High Court for leave to appeal to the Privy Council was granted, the value of the property involved being admittedly considerably more than Rs.10,000. The learned judges (Rutledge

C.J. and Carr J.) decline