The Chief Justice.-The appeal relates to a sum of Rs. 2,180-0-10 deposited in Court to the credit of O.S. No. 64 of 1936 on the file of the District Court of Nellore; originally it was credited to O.S. No. 28 of 1922 on the file of the Subordinate Judge’s Court; by virtue of various proceedings it was transferred to the credit of other suits and is now credited as previously stated. Throughout its various transfers its nature and the parties entitled to it have not altered.

O.S. No. 28 of 1922 was a mortgage suit, the hypotheca being 67 acres 53 cents of land, of which 53 acres 62 cents were cultivated. In respect of Fasli year 1338 the total proceeds from the crops raised on the cultivated portion of the hypotheca were paid into Court; this was some time after the year 1928; out of those proceeds the mortgagee-decree-holders have been paid all the sums to which they were entitled and, it is beyond doubt, the cultivators of the 53 acres 62 cents are entitled to the balance, namely, the above sum of Rs. 2,180-0-10, to which the mortgagees assert no claim. The cultivators form three groups of persons: respondents 1 to 3, the petitioners in the Court below, they cultivated 18 acres 12

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