( 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 and 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