Lord Buckmaster :-

The appellant and the first respondent are the heirs at-law of one Arunasalam Chetty, who died intestate in January, 1901. Arunasalam Chetty had two sons, the appellant and Ramanathan Chetty, who predeceased his father, leaving an only son - the first respondent. The second respondent is the administrator of the estate of Arunasalam Chetty.

The action out of which this appeal has arisen was instituted in the District Court of Jaffna by the first respondent on the 16th December, 1910, the claim being for one-half of certain lands and premises of which the appellant was in possession, an order for accounts and payment of the rents, and transfer of the land.

The real, and, in substance, the only question raised in the action was whether the appellant was beneficially entitled to the property, or whether he had acquired it as trustee for his father. The second respondent was added as plaintiff by an order made by the District Judge on the 8th January, 1918, on the application of the plaintiff, owing to the defendant having alleged in his amended answer that the plaintiff could not maintain the suit in the absence of the administrator. This, however, did not remove but