Lord Thankerton—

This is an appeal from a judgment and order of the Supreme Court of the Island of Ceylon dated 30th April 1929, reversing a judgment and order of the Judge of the District Court of Ratnapura, dated 25th February 1928. No appearance was made in this appeal by the respondent and the appeal was heard ex parte. The appellant is a proctor in the Supreme Court, and has been practising in the District Court of Ratnapura for over twenty years, and the respondent is a landowner near Rakwana, a place to which the Police Court of Ratnapura itinerates.

On 30th September 1920, the appellant instituted the present suit against the respondent in the District Court of Ratnapura, claiming a declaration that the respondent is a trustee for him in respect of a half share of a leasehold interest in certain Crown land known as the Miyanaowita Tea Estate, and an account of the net income of the land and payment of a half share of such income; he further claimed that the respondent should be ordered to execute an absolute conveyance and assignment of a half share of the leasehold or, alternatively, an assignment of such half share as between himself and the respondent. The District Judge,