Ah Kyan Sin vs Yeo Ah Gwan - 1937 Supreme(Rang) 31

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1937 Supreme(Rang) 31

SPARGO
Ah Kyan Sin – Appellant
Versus
Yeo Ah Gwan – Respondent

JUDGMENT

Spargo, J - The case out of which this appeal arose was a suit for the administration of the estate of one Yoo Chow Shu, a Chinese Buddhist, who died at Pyawb. wegyi village in Twante Township in the year 1918. It is said that Yeo Chow Shu left surviving him a widow Daw Khin, two sons named Yeo Ah Kywan and Yeo Ah Gwan, and a daughter Yeo Ma Pu. It is said that the deceased left moveable and immoveable property in Burma and the present suit purports to be by one of the sons of the deceased for the administration of the estate left by Yeo Chow Shu. The plaintiff made his mother, his brother and his sister defendants 1, 2 and 3; and he has added as defendants 1 and 5 Ah Kyan Sin and his wife Ma Hriyar who purchased from Daw Khin certain property which is said to have formed part of the estate left by Yeo Chow Shu. Defendants 4 and 5 are the real defendants. Defendants 1, 2 and 3 being members of of the family made no defence at all. The written statement filed by defendants 4 and 5 was not very artistically drawn, but it does say in para. 3 that these defendants contended that the plaintiff has no cause of action against them. It nowhere appears in the written statement, and

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