G.K.Mitter, J. - (1.) This is one of the rare cases in which there is no dispute as to the facts. The only dispute is as to who is entitled to a sum of money left with James Finlay and Co. Ltd., who claim no Interest in it themselves and have filed this interpleader suit. The defendants herein are the divorced wife of the deceased K. I. M. Fegan and the executor to the will of the said deceased.
(2.) The facts taken mostly from the brief of documents and correspondence marked by common consent as Ex. A are as follows: The deceased Fegan used to be an employee of James Finlay and Co. Ltd. in' one of their tea companies. After having served a long period with them he retired from that service, went over to England where he stayed for a few months and on coming back to India joined another tea company by the name of Tukvar Tea Co., Ltd. under the management of William-son Magor & Co. Up to the year 1942 the deceased Fegan had an account with James Finlay and Co. Ltd. which was styled a private account. James Finlay and Co. Ltd. are not Bankers and therefore their position vis-a-vis Fegan, the deceased, was that of a debtor and creditor pure and simple. On 3-10-1942 Fegan wrote the following letter to James Finlay and Co. Ltd. : "I shall be obliged if as from date of receipt of this letter you will please note that my private account with you should be converted into a joint account in the name of myself and my wife Mrs. Violet Marian Fegan payable to either or survivor. The account will be operated upon by either of us and in the event of the death of either of us you will be entitled to make payment to the survivor of all moneys standing at the credit of the account. Specimen signature of my wife is given below". This is signed by K.I.M. Fegan. in one corner of the letter the specimen signature of the wife V.M. Fegan appears. On 12-8-1951 Fegan addressed a letter to James Finlay and Co. Ltd. admitting that the statement of account as on 31-12-50 showing a credit of Rs. 18,215-11-2 was correct. Divorce proceedings were had in England between Fegan and his wife as a result whereof the husband was required to pay 360 per annum to the wife. "This fact appears from an affidavit affirmed by Fegan on 2-1-5952 which was probably meant to be used in the divorce proceedings in England for the purpose of reducing the amount of the maintenance payable to the wife in view of altered circumst-ances. It also appears from this affidavit that after the decree nisi had been made absolute on 28-12-1950 Mrs. Fegan married one Arthur Welleslev Parsons on 28-1-1951 and was living, to the knowledge of the deponent Fegan, in South Africa with her second husband.
(3.) On 3-1-1952 the deceased addressed a letter to James Finlay and Co. Ltd. In the following words: Will you be good enough to close my account and send me a cheque for the balance at my credit?'';