Lord Parmoor:-

The question involved in this appeal is whether the appellant is the krittima adop ted daughter of Ko Po Kyaw and Ma Nyun. Ko Po Kyaw died at Edward Street, in Rangoon, on the 27th October, 1916, leaving consi derable property, worth from Us. 1,00,000 to Rs. 1,50,000. Ma Nyun was the first wife of Ko Po Kyaw.

The appellant claims that she was adopted as krittima daughter in or about 1893, after the dece ased, and his first wife, had been married 16 years without children. The respondent was the fifth of the six wives of the deceased. She was married to the deceased about 1906, was divorced from him about six months later, but resumed living with him after the death of his sixth wife, and was living with him at the time of his death. The appellant was born in 1892, being the daughter of Ma Gyoke, who was a cousin of Ko Po Kyaw, and married to Ko Maung Grale. In the first Court the Judge, Mr. Justice Robinson, gave judg ment in favour of the appellant, but this judgment was set aside in the Court of Appeal.

At the trial of the action, their was a considerable conflict of evidence between the witnesses, called respectively on behalf of the appellant and respondent. Mr. Justice Robinson held that implicit trust might be placed in the evi dence of Maung So Naing, who had joined Ko Po Kyaw in business many years ago, and was the trusted manager of the business. He lived in Ko Po Kyaw's house, and was treated like a brother.

There is no doubt of the impor tance of the evidence of Maung So Naing, but in the Court of Appeal his evidence was treated as un reliable, and the Chief Justice regrets that he cannot agree with the learned Judge's opinion of this man's impartiality. Before further considering the weight that should be given to the evidence of Maung So Naing, it will be well to state shortly certain facts which are either not disputed, or which, in the opinion of their Lordships, have been clearly established.

Ko Po Kyaw and Ma Nyun took the appellant, when she was a child, aged about one year, away from her parents, and she lived in the house of Ko Po Kyaw in Edwards Street for the next thirteen or four teen years. She was taken to Ko Po Kyaw'shouse with the consent of the natural parents, and Ma Gryoke, the natural mother, states that she was taken to be adopted by Ko Po Kyaw and Ma Nyun; and this Statement which alone might be of little value, is in accord with the subsequent sequence of events.

From the time that the appellant was taken to the house of Ko Po Kyaw she appears to have been brought up publicly as his daughter, and to have lived openly and con tinuously under his protection.

Their Lordships attach much importance to the evidence of Maung Po Lun, who kept a school in Rangoon, and who entered the appellant's name in the School Register for the month of March, 1899, according to the regulations prescribed for the students' names in native schools. The entry in the register was produced, and in the column in which the name and occupation of parent or guardian is entered, the name entered is :-

" Maung Ea Kyaw, Trader, Edward Street."

In the first place, it is clear that the name entered in the register is not the name of the natural parents, and secondly, their Lordships see no reason for doubting that the name actually entered was that of Ko Po Kyaw, although some doubt is thrown on this in the judgment in the Court of Appeal.

Evidence was further given that the school fees were paid by Ko Po Kyaw during the time that the appellant remained at school. A further exhibit from the school register was produced containing the entry of the appellant's sister, Ma Than Kin, and in this case the name entered as parent is that of the natural father Mg. Grale.

After the appellant had left school she continued to sleep in Ko Po Kyaw's house until she was about fourteen years of age, after which she slept in the house of her natural mother Ma Gryoke. The reason given for this change is that, at this time, Ko Po Kyaw brought