The Law Reports. Under the Superintendence and Control of the Incorporated Council of Law Reporting for England and Wales. Indian Appeals: Being Cases in the Privy Council on appeal from the East Indies 1934-1935

The suit was brought by Maung Sein Gyi (hereinafter called the plaintiff) against the first defendant Maung Htin Gyaw the father of Maung Sein Shwe who was the second defendant and is hereinafter called the appellant Maung Po Chein hereinafter called the third defendant and the fourth and fifth defendants who were assignees of the plaintiff and the third defendant of some of the property in [...] It appears that it was not until the end of the trial in fact during the final argument that the point was taken on behalf of the appellant that he must be considered as the son of the only surviving child of the first marriage and that the adopted sons must be considered the children of a putative second marriage. [...] The case for the appellant at the hearing of this appeal was not based on the contention which was urged in the Courts in Burma and the point which was presented on behalf of the appellant was taken for the first time at the hearing of the appeal before their Lordships. [...] The position and rights of kittima adopted sons were stated in the judgment of the Full Court of the High Court at Rangoon consisting of the Chief Justice and four judges in Maung Po An v. Ma Dwe (1) as follows : We are satisfied that according to the dhammathats the position of the keiktima child in respect of inheritance was inferior to that of own children but in view of the judicial decisi [...] The last paragraph thereof runs as follows : " In the case of the death of the younger children occurring befbre the parents the law for partition of the inheritance between their children and the (co-heirs) relations of their parents in this : The children of the deceased have one-fourth of the share which would have come to their parents." It was argued for the appellant that the rule should on