# DISPOSAL OF DEPOSITS

- **Citation:** Circular letter no 16/65
- **Court:** Allahabad High Court
- **Decided:** 1965-03-26
- **Case number:** Circular letter no 16/65
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/disposal-of-deposits-163191
- **Pages:** 1

## Text

171
9.
DISPOSAL OF DEPOSITS
(i)
Under section 83 of the Transfer of Property Act, 1882
G.L. No. 2 dated 24th June, 1908
With regard to the disposal of deposits made under section 83 of the Transfer of
Property Act, 1882, the following rules have been laid down for the guidance of
subordinate courts:
(1)
When a deposit has been made by the mortgagor, a date should be fixed,
as a matter of convenience for the withdrawal by the mortgagee, of the
deposit so made
(2)
If the mortgagee fails to appear on the date fixed, or refuses to accept the
sum deposited, the mortgagor's application should, by order, be consigned
and the money so deposited be held at the disposal of the mortgagor. If the
mortgagee, however, applies and the mortgagor consents the money
deposited may be applies to the mortgagee.
(ii)
Under section 2 of the Administration of Evacuee Property Act, 1950
G.L. No. 17/VIIIc-6 dated 6th July, 1950 read with Government of India letter No.
XXXI (pol-49)/50 G.C. dated 26th June, 1950

Under the provisions of the Administration of Evacuee Property Act, 1950 , court
deposits lying in the civil courts to the credit of evacuees fall within the definition of the
term ―evacuee property‖ [Section 2(f)x (i)], and cannot, therefore be paid to the evacuee.
They vest in the Custodian and have to be paid to him.
G.L. No. 24/VIII-e-6 dated 11th October, 1950

Deputy Custodians are permitted to inspect periodically the registers of civil
courts, prepare a list of deposits belonging to evacuees and forward a copy of the list to
the civil court concerned with a view to ensure that no unauthorized payment of deposits
belonging to evacuees are made.

Necessary facilities should be given to Deputy Custodians by courts for this
purpose.

Section 10 (f) and 45 of the Administration of Evacuee Property Act, 1950,
empower the Custodian to requisition any document from the custody of a public
servant, and confer upon him the same powers as are vested in a civil court under the
Code of Civil Procedure. The Custodian should be deemed to be a civil court for the
purposes of rule 203, Chapter VIII of General Rules (Civil), 1957 and requisitions for
records made by him should be complied with without any reference to this Court.
(iii)
Disposal of gold in the custody of courts
C.E. No. 25/VII -f-193 dated 29th April, 1966

For disposal of gold in possession of civil and criminal courts the following
instruction as contained in Government of India, Ministry of Finance, Circular letter no
16/65, dated March 26, 1965, should be followed: