( 1 ) THIS revision petition arises out of E. A. No. 896 of 1959 filed by the auction-purchaser for the refund of 1/4th amount which he had deposited and for the payment of solatium which the judgment-debtor deposited under Order 21, Rule 89. This application was resisted both by the decree-holder and judgment-debtor on the ground that the auction-purchaser has not complied with Rule 85 of Order 21 and that therefore he is not entitled to the solatium amount.

( 2 ) THE learned District Munsif, Nellore, rejected the petition as far as the solatium amount is concerned, but allowed the auction-purchaser to withdraw the amount which he had deposited through a separate cheque petition. It is this view of the District Munsif which is questioned by the auction-purchaser before me in this revision petition.

( 3 ) IT is true that the auction purchaser has not deposited the full amount of purchase money payable and the general stamp for certificate under Rule 94 or any other amount required under Rule 85. But it does not necessarily follow that he is not entitled to the solatium. The auction was held on 29/06/1959. According to Rule 85 of Order 21 the auction-purchaser ought t