KHOO SAIN BAN Vs. TAN GUAT TEAN
LAWS(BOM)-1929-3-18
HIGH COURT OF BOMBAY
Decided on March 11,1929

KHOO SAIN BAN Appellant
VERSUS
TAN GUAT TEAN Respondents

JUDGEMENT

- (1.) This is an appeal from a decree of the High Court at Rangoon made in its Appellate Jurisdiction on April 20, 1926. It reversed a decree of the same Court made in its Original Civil Jurisdiction on May 8, 1925. In the case for the appellant the point to be decided is thus stated : "The principal question in this appeal is whether the appellant is entitled to a charge upon certain property in Rangoon known as Mount Pleasant as was found by the trial Court or only to a money decree as held by the Court of Appeal."
(2.) It is unnecessary to repeat the facts of the case antecedent to August 2, 1923. They are stated with sufficient particularity in the cases for the parties and in the judgments of the Courts below.
(3.) One Lim Chin Tsong, a Chinese resident in Burma, had acquired in 1909 a small plot of land of 1.871 acres in extent, part of "the Golden Valley estate" in the district of Rangoon. In 1919 he also purchased two other properties, one of which was a house and land known as "Mount Pleasant"-the subject matter of the present suit. Lim Chin died on November 2, 1928. There had been a variety business transactions between him and the appellant Khoo Sain Ban.;


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