On October 2, 1946, the Associated Hotels of India Ltd., and its managing director, Mohan Singh Oberoi, appellant l and 2 respectively, entered into an agreement with the respondent for purchasing certain property from the latter for a price of Rs. 52,75,000 and paid Rs. 5 lacs as earnest money; but as the respondent's title to the property was found to be defective the sale was not completed. The appellants filed a suit in the Court of Senior Subordinate Judge at Lahore for the recovery of Rs. 5,10,qf,o which included the earnest money and interest accruing thereon, and the suit was decreed for Rs. 5,08,333/ 5/ 4 with future interest in favour of appellant No. 2 on March 14, 1949. The claim of appellant No. l was rejected. On appeal by the respondent the High Court at Lahore reversed the decree of the trial 'court and dismissed the suit on November 21, 1949· The Federal Court of Pakistan on appeal by the appellants allowed the appeal of appellant No. 2 on December 21, 1953, and restored the decree passed in his favour by the trial court. After the rassing of the decree by the trial court and before the decision o the respondent's appeal in the Lahore High Court the appellants had put the decree in execution which was stayed at the request of the respondent on condition that the respondent should deposit Rs. 3,00,000 in the High Court and furnish security for the balance of the decretal amount. In course of the execution proceedings and .after the Federal Court's decree in favour of appellant No. 2 the main question that arose, inter alia, was whether the deposited sum of Rs. 3,00,000 should be applied towards the satisfaction of the decree of the Federal Court and paid to the decree-holder after transferring it to India or whether the custodian of evacuee property in Pakistan was entitled to the money as evacuee property. The decree-holder and the judgment-debtor were both agreed that the money in question vested in the decree-holder and
