Judgement

Appeal (No. III of 1928) from a judgment and decree of the High Court (January 21, 1924) affirming, subject to a modification, a judgment and decree of the Subordinate Judge of Tanjore (July 1, 1918) made in an interpleader suit (No. 26 of 1912).

The main question in this appeal was as to which of a number of claimants (all parties to the appeal except respondent No. 1) were entitled, under the terms of a Government Grant of 1862, to the properties originally owned by the late Rajah Sivaji of Tanjore. Respondent No. 1 was the receiver and manager of the properties, and on July 8, 1912, he instituted in the Court of the Subordinate Judge, Tanjore, an interpleader suit to have the right of succession to the properties determined by the Court.

The Government Grant provided that "The estate will therefore be made over to the senior widow.....On the death of the last surviving widow, the daughter of the late Rajah, or failing her, the next heirs of the late Rajah, if any, will inherit the property." The last widow died in 1912.

The appellant (defendant No. 3 in the suit), who claimed to be the adopted son of an adopted son of the late Rajahs daughter by a predeceased wife, con