Lord Tomlin:-

This is an appeal from a judgment and decree of the High Court of Judicature at Rangoon, which affirmed the judgment and decree of the District Court of Myaungmya. The action is one by a sister and her husband against her brother and his wife in relation to property which the sister alleges formed part of their mother's estate, and is therefore divisible between her brother and herself, they being the only two children of their mother.

The matter arises in this way. In the lifetime of the mother a site for a mill was obtained by exchanging certain property of the mother for the site required for the mill. On that site there were built a mill and other buildings, which have been since their construction in the possession of the brother. The property itself has always been recorded in the brother's name. The sister, who was married during the mother's lifetime, lived with her husband with the mother. The mother died in September 1925. Thereafter the sister and her husband were in possession of all the property of the mother, with the exception of the property claimed in this action, which was in the brother's possession and consisted of the mill, another small holding of