J. B. MEHTA, N. M. MIABHOY, J.

( 1 ) THIS petition raises an important question relating to Court deposits but unfortunately having regard to the facts of the case it is not possible for us to decide that point finally so as to be of any help either to petitioner or to Court depositors in general.

( 2 ) THE facts leading up to the presentation of the petition are as follows:- Petitioner entered into a contract for sale of an immovable property with two persons named (1) Mrs. Dhanbai Lallubhai and (2) Suleman Lallubhai and paid Rs. 900/by way of earnest money. Subsequently she filed Special Suit No. 5 of 1963 in the Court of the learned Civil Judge Senior Division Baroda for specific performance of that contract. At that time she paid a sum of Rs. 19 100 in cash by way of deposit to be credited to the above cause. The suit was ultimately compromised on 16th January 1965 by which the purchase price was fixed at Rs. 47 0 Petitioner having already paid Rs. 900/and deposited Rs. 19 100 in Court deposited a further amount of Rs. 27 0 on 17th May 1965 towards the above cause thus completing the sale price of Rs. 47 0 From out of the amount so lying in deposit defendants of the above specia

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