Mg Than Gyaung vs Ma Lun Baw - 1927 Supreme(Rang) 139

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1927 Supreme(Rang) 139

MYA BU
Mg Than Gyaung – Appellant
Versus
Ma Lun Baw – Respondent

JUDGMENT

Mya Bu, J - Plaintiff-respondent, 1 Ma Lun Baw, is the widow of Maung San Hla Baw, deceased, and plaintiff-respondent 2, Ma Mai San, is their daughter. The appellant, who was defendant 1, in the Court of first-instance, and respondents 3, 4 and 5, who were the appellants-co-defendants are the sons of Maung Myat The Dun, deceased, who and Maung San Hla Baw were brothers, being the sons of one Maung Kya Mae by one of his wives.

2. The plaintiffs sued the defendants for partition of the land described in the map (Ex. B.), and delivery to them of a half share thereof, alleging that it originally belonged to Maung Kya Moe; and that, after Maung Kya Moe's death, the land fell into the hands of Maung Myat Tha Dun and Maung San Hla Baw as their share of the inheritance.

3. According to the. plaintiffs, Maung San Hla Baw died in 1276, B. B. but defendant-appellant 1 alleged that Maung 'San Hla Baw died about fourteen years before the suit.

4. The other defendants disclaimed their interest in the land, stating that it belonged to defendant-appellant 1. The suit was, therefore, contested entirely by the latter, who denied that it descended from Maung Kya Moe and asserted that it was firs

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