' SAAD SAOOD JAN, J.--By an agreement dated 5-10-1981, the petitioners agreed to sell a shop to the respondent for a sum of Rs,2,80,000. The petitioners received Rs,22,000 on two occasions by way of earnest money and advance payment towards the price of the shop. On 11-3-1981, the respondent filed a suit for specific performance. It ended in a compromise decree in favour of the respondent. Under the terms of the decree the respondent was required to pay the remaining amount of consideration, that is, Rs,2,58,000 by 7-5-1981. Nevertheless the respondent filed a regular first appeal in the High Court. The High Court extended the time for deposit till 14-6-1981. The respondent made the deposit on 8-6-1981. On the request of the petitioner this amount was placed in a profit earning account in a Bank. For some reason the sale-deed could not be executed till 24- 4-1985. It was registered on 4-5-1985. It was thereafter that the petitioners withdrew the amount deposited in the Bank. A question arose as to which of the parties was entitled to receive the profit which the deposit had earned while it remained with the Bank. The learned trial Court held that it should be paid to the respondent. Its decision in this regard was affirmed by the High Court in the first appeal. The petitioners now seek leave to appeal from this Court.
2. In support of this petition it is contended that the High Court as well as the trial Court were in error in holding that the respondent was entitled to the profit which accrued even after the execution of the sale-deed and delivery of possession of the shop to the respondent. This contention needs examination. Leave to appeal is granted. Security for costs in the sum of Rs,5,000.
The appeal may be made ready for hearing on the present record with permission to the parties to file additional documents, if any. This being a short matter it should be listed for hearing in the current year.