1. The plaintiff sued on a hypothecation bond Ext. A.1 dated the 5th April, 1952, for the balance of principal amounting to Rs. 2,820/- and interest thereon from the 5th April, 1954, till the date of the suit. The suit was instituted on the 1st July, 1955. On the 9th July, the defendant filed a petition under S.83 of the Transfer of Property Act & deposited Rs. 2,518/-. In the suit the question arose whether in view of this deposit and of the circumstances under which it was made, the plaintiff is entitled to future interest and to the costs of the suit. This was answered against the plaintiff and the suit was decreed only for the principal and interest till the date of the suit, amounting to Rs. 2,494 As. 13. The District Judge confirmed the decree in the appeal preferred by the plaintiff. He has come up in second appeal and reiterated his claim for future interest and costs.

2. The first point for consideration is about the validity of the deposit under S.83 of the Transfer of Property Act. It has been held in A. Thiagaraja Aiyar v. G. Ramaswami Aiyar (AIR. 1919 Madras 948 (2)) that this Section has no application and does not enable a deposit to be made once a suit is