Lord Shaw. -

This is an appeal from a decree of the High Court at Rangoon made in its appellate jurisdiction on 26th April 1926. It reversed a decree of the same Court made in its Original Civil Jurisdiction on 8th May 1925. In the case for the appellant the point to be decided is thus stated :

"The principal question in this appeal is whether the appellant is entitled to a charge upon certain property in Rangoon known as 'Mount Pleasant' as was found by the trial Court or only to a money decree as held by the Court of appeal."

It is unnecessary to repeat the facts of the case antecedent to 2nd August 1923. They are stated with sufficient particularity in the cases for the parties and in the judgments of the Courts below.

One Lim Chin Tsong, a Chinese resident in Burma, had acquired in 1909 a small plot of land of 1-871 acres in extent, part of "the Golden Valley Estate" in the district of Rangoon. In 1919 he also purchased two other properties, one of which was a house and land known as "Mount Pleasant" - the subject-matter of the present suit. Lim Chin died on 2nd November 1923. There had been a variety of business transactions between him and the appellant Khoo Sain Ban. Some month