Lord Blanesburgh :-

The question upon this appeal is whether the appellants are entitled, and, if so, on what terms, to have a reconveyance of the properties in suit executed in their favour by the respondents.

The District Court of Akyab by a decree dated the 15th of January, 1920 held that the appellants, the plaintiffs in the suit, were so entitled on the terms prescribed by the decree. The Chief Court of Lower Burma on appeal reversed that decision and dismissed the suit. The plaintiffs appeal.

They are the legal representatives or successors in interest of one Mi Po Ma (who died in March, 1917) and of one Shwe Zan U (who died in October, 1918). Mi Po Ma and Shwe Zan U were the owners of the properties in suits. They each of them died heavily indebted. Amongst their creditors were the Bank of Bengal and the second defendant Maung Tha Nyo. He died while the appeal in the suit to the Chief Court was pending, and his estate is represented before the Board by the respondents 2 (A) to 2 (K). Their Lordships will continue to refer to him and his estate as the second defendant.

On Shwe Zan U's death the Bank and the second defendant took steps to enforce their claims against the estates