Viswanatha Sastri, J.-C.M.S.A. No. 37 of 1946, C. R. P. No. 822 of 1945 and C.R.P. No. 149 of 1946 all arose out of C.M.P. No. 846 of 1944 in O.P. No. 57 of 1927 on the file of the District Munsiff’s Court, Amalapuram, and were all dismissed by Govindarajachari, J., who, however, granted leave to appeal in O.M.S.A. No. 37 of 1946 from which this L.P. Appeal has been filed.

The facts are these. On 11th October, 1922, Viswanatharaju created a simple mortgage over his lands in favour of two brothers, Venkataraju and Sooraparaju for Rs. 2,500 repayable in eight annual instalments with interest at Re. 1-0-6 per mensem. Sometime later the hypotheca was sold to Sayeed Oosman, the original appellant in the L.P.A. since dead, and now represented by his legal representatives. Sayeed Oosman paid several instalments of principal and interest during the years 1925 to 1927 and deposited in the District Munsiff’s Court of Amalapuram a sum of Rs. 997 being the balance of the mortgage money due according to him, and also filed O.P. No. 57 of 1927, dated 8th December, 1927, under section 83 of the Transfer of Property Act, praying for necessary action to be taken under that section. Sooraparaju, one of the mortgagees, did not appear on notice or express his willingness to receive the money deposited, with the result that O.P. No. 57 of 1927 was dismissed and the sum of Rs. 997 deposited into Court continued to remain there as the property of Sayeed Oosman. One Akkubhotlu obtained a simple money decree in O.S. No. 171 of 1929 against Venkataraju, one of the two mortgagees, and attached a sum of Rs. 498-8-0 being a moiety of the money lying in Court deposit in O.P. No. 57 of 1927, as the money of his judgment-debtor. Sayeed Oosman was not given notice of the attachment, and Venkataraju’s pleader stated that he had no objection to it. On 26th September, 1929 a sum of Rs. 498-8-0 out of the amount in Court deposit was paid to Akkubhotlu in part satisfaction of his decree. More than 12 years after this payment and after the death of Akkubhotlu and Venkataraju, Sayeed Oosman filed I.A. No. 1140. of 1941 on 13th November, 1941, for the return of the sum of Rs. 997 deposited" bv him in Court in O.P. No. 57 of 1927. Half of the amount had already been paid by the Court to Akkubhotlu, the decree-holder in O.S. No. 171 of 1929 and the balance of Rs. 498-8-0 alone was ordered to be paid to Sayeed Oosman. On 19th August, 1944, Sayeed Oosman filed C.M.P. No. 846 of 1944 which has siven rise to this L.P. Appeal for a direction that the sum of Rs. 498-8-0 which had been paid out by the Court to the decree-holder in O.S. No. 171 of 1929 should be ordered to be repaid to him either by the legal representatives of Akkubhotlu who were impleaded as respondents 4 to 10 in C.M.P. No. 846 of 1944 or by the legal representatives of Venkataraju who were impleaded as respondents 1 and 2 and Sooraparaju who was originally impleaded as 3rd respondent but subsequently given up To complete the narration of facts, it may be stated that Venkataraju’s sons instituted O.S. No. 223 of 1942 on the file of the District Munsiff’s Court, Amalapuram, claiming a sum of Rs. 410 as due for the principal and interest of the last instalment of the mortgage dated nth October, 1922, and alleging inter alia that the sum of Rs. 498-8-0 which had been paid out of the Court deposit to Akkubhotlu to the credit of Venkataraju, was liable to be adjusted to the prior instalments of the mortgage debt leaving the last instalment of the principal and interest alone outstanding. The mortgage suit was decreed.

The District Munsiff of Amalapuram held that the sum of Rs. 997 deposited in O.P.No 57 of 1927 remained the property of Sayeed Oosman, that neither Venkataraju nor his creditor Akkubhotlu had any right to proceed against the fund, that the payment of a moiety of the said sum to Akkubhotlu was made under a mistake of the Court and that it was the duty of the Court in the exercise of its inherent power

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