Sir George Lowndes.-

The question for determination in this appeal is as to the respondent's right to share in the estate of one Karapaya Servai, a Madrassi Hindu, who seems to have acquired a considerable fortune in Burma. He died a lunatic in 1923. The respondent is the son of Karapayi (or Karupi), who is now admitted to have been the first wife of Karapaya, and the defence to his claim is a denial of his paternity. The appellants are two minor sons of Karapaya by his second wife, Nachiamma, and one Chellaya, a brother of Nachiamma, who had been appointed guardian in the lunacy, and was at the date of the suit in effective possession of the estate.

The suit was instituted by the respondent in the District Court of Pyapon, and the main issue formulated for decision was, "Is the plaintiff the son of the deceased lunatic Karapaya, begotten in lawful wedlock with Karapayi ?" The District Judge answered this question in the negative and dismissed the suit. The High Court on appeal took the opposite view, declaring the respondent's legitimacy and giving him a decree for a third share of the estate. It is common ground that the case is governed by S. 112, Evidence Act (1 of 1872), which i