Alfred Henry Lionel Leach, C.J.

1. This appeal arises out of an interpleader suit filed in the Court of the Subordinate Judge, Vizagapatam. The plaintiff is the receiver of the zamindari properties of one Venkata Simhadri Raju, who has throughout the suit been referred to as " Chinna Babu," the name by which he was generally known. Chinna Babu, who was a member of a Kshatriya family, died of small-pox at the village of Annamrajupeta in the Vizagapatam district, according to the first defendant at noon of the 12th March, 1934, and according to the second and third defendants on the night of the nth March, 1934. Chinna Babu was possessed of properties worth some 30 lakhs of rupees. The first defendant claimed to be his heir as the adopted son of Chinna Babus brother, Pedda Babu, who died on the 13th August, 1933. Pedda Babu was survived by his widow, Rajeswaramma, to whom he gave by a will an authority to adopt a son. The first defendant alleges that he was adopted by Rajeswaramma on the morning of the 11 th March, 1934. If this is true, he is the heir of Chinna Babu. The second and third defendants are the paternal uncles of Chinna Babu and if the first defendant was not adop