Miller, J.

1. I have read my learned brothers judgment and I entirely agree with the view taken by him of the evidence in regard to the different items of property. While the burden of proving that the houses and land in dispute belonged to Mahomed Ghouse Maracayer and not to the persons in whose names the title-deeds stand is upon the plaintiff, I agree that the plaintiff has discharged the burden in this ease. There seems to be no doubt that the bulk of the papers and accounts . left behind him by Mahomed Ghouse had come into the hands of the defendants and it is safe to presume that if they contained anything favourable to the defendants case, they would have been produced. In the letters we have, there is nothing to suggest that Mahomed Ghouse was making gifts of houses or land to his wife or to his daughters. Exhibit B9 in which reference is made to the acquisition in the names of the children suggests strongly that that was not so the letter is a private communication between Mahomed Ghouse and his own son-in-law and if he had made gifts of the houses in Negapatam to his wife and children, it is to be expected that he would have said so in such a letter when referring