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    In The High Court of Rangoon: Han Mohan Das MANU/WB/0371/1924

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    Vishwam Singh
    The plaintiff Ma E Tin sued the defendant Ma Byaw for specific performance of a promise to give land as a wedding gift. [1] Ma Byaw and her son had promised the land to Ma E Tin and her husband upon their marriage, and they took possession, but no formal deed was made. [2] Both lower courts dismissed the case without hearing evidence. [3] The High Court found that if the promise was validly made for consideration of marriage, it would constitute an enforceable contract, not a simple gift. [4] The facts of the case need to be determined, but the lower courts erred in finding the suit not maintainable without a trial. [5] The High Court allowed the

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    In The High Court of Rangoon: Han Mohan Das MANU/WB/0371/1924

    Uploaded by

    Vishwam Singh
    16 views2 pages
    The plaintiff Ma E Tin sued the defendant Ma Byaw for specific performance of a promise to give land as a wedding gift. [1] Ma Byaw and her son had promised the land to Ma E Tin and her husband upon their marriage, and they took possession, but no formal deed was made. [2] Both lower courts dismissed the case without hearing evidence. [3] The High Court found that if the promise was validly made for consideration of marriage, it would constitute an enforceable contract, not a simple gift. [4] The facts of the case need to be determined, but the lower courts erred in finding the suit not maintainable without a trial. [5] The High Court allowed the

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    Contingent contract

    Original Title

    Contingent 1

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    The plaintiff Ma E Tin sued the defendant Ma Byaw for specific performance of a promise to give land as a wedding gift. [1] Ma Byaw and her son had promised the land to Ma E Tin and her husband upon their marriage, and they took possession, but no formal deed was made. [2] Both lower courts dismissed the case without hearing evidence. [3] The High Court found that if the promise was validly made for consideration of marriage, it would constitute an enforceable contract, not a simple gift. [4] The facts of the case need to be determined, but the lower courts erred in finding the suit not maintainable without a trial. [5] The High Court allowed the

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    Download as docx, pdf, or txt
    16 views2 pages

    In The High Court of Rangoon: Han Mohan Das MANU/WB/0371/1924

    Uploaded by

    Vishwam Singh
    The plaintiff Ma E Tin sued the defendant Ma Byaw for specific performance of a promise to give land as a wedding gift. [1] Ma Byaw and her son had promised the land to Ma E Tin and her husband upon their marriage, and they took possession, but no formal deed was made. [2] Both lower courts dismissed the case without hearing evidence. [3] The High Court found that if the promise was validly made for consideration of marriage, it would constitute an enforceable contract, not a simple gift. [4] The facts of the case need to be determined, but the lower courts erred in finding the suit not maintainable without a trial. [5] The High Court allowed the

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    of 2

    IN THE HIGH COURT OF RANGOON

    Decided On: 03.09.1928

    Appellants: Ma E Tin
    Vs.
    Respondent: Ma Byaw and Ors.

    Subject:

    JUDGMENT

    Carr, J.

    1. The plaintiff-appellant's case is that before her marriage to the son of Maung Pan, deceased,
    and defendant 1, Ma Byaw, Maung Pon and Byaw promised that on the celebration of the
    marriage they would give the land in suit to the young couple as Kanwin. The marriage took
    place and possession of the land was given to the plaintiff and her husband, but no registered
    deed of conveyance was executed. Defendant has now taken back the land and claims it as her
    own. Plaintiff sued for specific performance of the promise to give.

    2. Both Courts below have held that plaintiff's suit is not maintainable and have dismissed it, no
    evidence being taken.

    3. It is not necessary to go beyond the plaint. If on the allegation therein set out being proved the
    plaintiff would be entitled to succeed in her suit, that suit is maintainable, and must be tried.

    4. If there was, as plaintiff alleges, a valid ante-nuptial promise made in consideration of the
    marriage, the case of Pran Mohan Das v. Han Mohan Das MANU/WB/0371/1924 :
    AIR1925Cal856 , is authority for the view that on the marriage taking place that promise would
    become a binding contract. If there was such a contrast it would seem that there is no reason why
    it should not be specifically enforced, and it would also seem that the transaction would not be s
    properly a gift but rather a conveyance in consideration of the marriage.

    5. The final result of the suit must of course depend on the facts found, but I am of opinion that
    the Courts were wrong in holding at this stage that the suit is not maintainable.

    6. I allow this appeal, set aside the judgments and decree of the Courts below and remand the suit
    to the Sub-Divisional Court of Tharrawaddy for trial and disposal on its merits.

    7. The appellant will be given a certificate for the refund of the Court-fee paid by her on this
    appeal. The appellant's other costs in this Court and her costs in the first appeal will be paid by
    the respondents. The costs of the Sub-Divisional Court will follow the result of the suit.

    © Manupatra Information Solutions Pvt. Ltd.

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