JOHN AGABEG VERTANNES Vs. JAMES GOLDER ROBINSON

JUDGEMENT

(1.) The matter under appeal before their Lordships is a decree dated 19 June 1928, of the High Court of Judicature at Rangoon, affirming a decree of the District Court of Insein, dated 8 March 1928. The last- mentioned decree was dismissed, on a preliminary issue, a suit brought by the appellant to establish against the respondent 1 his title as absolute owner to a quarter of two thirds (or an undivided one sixth share) in certain lands. The appellant claimed to be entitled to such share as one of the four children of Sarkies Vertannes who had died intestate as to the land on 18 May 1897.

(2.) The District Court dismissed the plaintiff's action on the ground that a judgment of this Board on appeal in an action to which the present appellant and respondent 1 were parties, had finally dealt with the question of the ownership of the said share. The High Court affirmed this dismissal on the same grounds.

(3.) The said judgment of the Board was delivered on the occasion of an appeal in an ejectment action in which the present respondent 1 (hereinafter called Robinson) sought as owner of the said land to obtain a decree of ejectment against the present appellant (hereinafter called Vertannes), the three other children and the widow of the said Sarkies Vertannes. Robinson, whose title to the land was derived under a conveyance to him by the widow (and executrix) of Sarkies Vertannes, had granted a lease to Vertannes of the said land, upon which he and the other defendants were residing.