JUDGMENT

1. Po Kaing had five wives, namely Ma Hnin Si, Ma Kyaw Me, Ma Pwa Chi, Ma Nyun, and the present appellant Ma Paing. He is said to have taken Ma Nyun as his wife while he was still living with Ma Pwa Chi, with the result that Ma Pwa Chi left him and similarly he is said to. have taken Ma Paing while he was still living with Ma Nyun, with the result-that Ma Nyun left him and lived with another man as his wife. Ma Paing was the daughter of Maung Pu, a servant or dependant of Po Kaing who lived in a hut in Po Kaing's compound. She was a girl of about 14 and Po Kaing would be between 55 and 60; but there is no reason to doubt that Ma Paing actually became Po Kaing's wife. Po Kaing had a number of children by his various wives, and it is probable that some of them have claims against him in respect of inheritance by reason of his remarriages. Two of them, Ma Kin Mya and Aung Thein, who claim to be the survivors of his children by Ma Pwa Obi applied to be brought on the record in this suit but their application was not allowed.

2. When Po Kaing took Ma Paing as his wife he is said to have been already a wealthy man, and she was a penniless girl. He traded as a money-lender and also did business in paddy, latterly or a large scale. In 1920 he sold forward some five or six lakhs of baskets of paddy which he was unable to deliver, with the result that a rival speculator, Pan Maung, who is one of the respondents in this appeal, obtained decrees against him for over a lakh and a half of rupees and other speculators or traders obtained decrees for nearly a lakh.

3. In execution of those decrees a number of immovable properties were attached as belonging to Po Kaing. As usually happens in such cases, Po Kaing seems to have attempted to save something from the wreck by putting up his eldest son Pe Han and his wife Ma Paing to claim that they had an interest in the properties which had been attached. The son's claim is said to hays been dismissed, and the present suit deals only with the claim of the last wife Ma Paing.

4. Ma Paing applied for removal of the attachment on the properties to the extent of her interest in them which in respect of the paddy lands she alleged to be one-half. The District Court refused to go into the question of the amount of Ma Paing's interest in the properties in respect of which she claimed and contented itself with a finding that Ma Paing was Po Kaing's wife and that therefore under Burmese Buddhist Law she must have an interest, in the properties. On that finding the Court passed an order releasing Ma Paing's interest, whatever it might be, from the attachment, and directed that only Po Kaing's interest in the properties, whatever the interest might be, should be sold. The sale took place and the present respondents were some of the auction-purchasers, and obtained possession of certain of the properties.

5. Ma Paing now sues the respondents for a declaration that her interest in the properties was one-half, and she claim to recover one half of each of the holdings brought by the respondents from the particular respondent who is in possession of that holding.

6. The lower Court has held that all the properties in suit were the separate acquisitions of Po Kaing, and that appellant failed to prove that she had any interest in any of them.

7. Ma Paing appeals on grounds that the lower Court was wrong in finding that the properties were the separate acquisitions of Po Kaing; that even if they were his separate acquisitions she became entitled on marriage to a one-third interest in them and that that one-third interest could not be attached and sold in execution of decrees against Po Kaing alone.

8. The property which is in the possession of the 1st respondent as a result of his purchase at the Court auction is said to be holding No. 2 of 1920-21 of Tabye East kwin, and holding No. 26 of 1920-21 of Chaungwa kwin. Holding No. 2 stands in the maps in the sole name of Po Kaing and according to the extracts from regi