Tan San Mar vs U Kya Zin - 1933 Supreme(Rang) 25

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1933 Supreme(Rang) 25

BAGULEY
Tan San Mar – Appellant
Versus
U Kya Zin – Respondent

JUDGMENT

Baguley, J - This appeal arises out of a declaratory suit. Tan San Mar attached in execution of a decree against Abdul Hamid and Ma Sha a piece of land covered by a rubber planting grant. The plaintiff U Kya Zip is Abdul Hamid's father, and he applied for removal of attachment, but his application was dismissed, so he filed the suit from which the present appeal arises, asking for a declaration that he was the owner of the property; that it was not liable to attachment and sale; and that he might be given an order for refund of the costs in the miscellaneous proceedings. The trial Court dismissed his suit, but on appeal the learned District Judge found in his favour and gave U Kya Zin the declaration prayed for with costs in both Courts; but although he seems to have stamped his memorandum of appeal with the stamps necessary to obtain a refund of the costs asked for, the decree does not give him costs of the miscellaneous proceedings, but no cross appeal has been filed with regard to this matter. The present appeal is filed by Tan San Mar and is really on the evidence alone. The facts of the case are that Abdul Hamid, sometimes referred to as Durhamed, was sued by Tan San M

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