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1928 Supreme(SC) 78

Ma Ngwe Naing – Appellant
Versus
Maung Tha Maung – Respondent


Advocates Appeared:
Bramall and Bramall, J.E. Lambert, E.B. Raikes, A.M. Dunne, A.P. Pennell, L.De Gruyther

Lord Atkin. -

This is an appeal from the High Court at Rangoon allowing an appeal from a decree of the District Judge of Tharrawaddy, made in favour of the plaintiff, the present appellant. The suit was brought by the plaintiff, Ma Ngwe Naing, against her father, the defendant, Maung Tha Maung, claiming possession of certain lands, of which she was the registered owner. It is not disputed that the father, by deed dated 15th January 1904, purported to have made a partition of property and to have conveyed the property in question to his daughter. He alleges, however, that the transaction was a fictitious transaction intended merely to defeat his creditors. The High Court reversing the District Judge have so held ; the daughter has appealed.

Maung Tha Maung married as his first wife Ma Pu ; the plaintiff is the only issue of the marriage. In February 1903, Ma Pu died ; the plaintiff was then 8 or 9 years old. Later, in 1903, the defendant married Ngwe Hlaing. On the remarriage the plaintiff-undoubtedly became entitled to a share of the joint marital property of her father and deceased mother. Three or four months after the marriage the father took all the steps necessary to carry out





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