- (1.) Costs have been paid. In this application for vacation of stay it is not disputed before me that an amount of Rs. 2400/- has been deposited by the appellants in the Executing Court at Hoshiarpur by way of batai for the period of two years, i.e. upto the year 1989. It is further not disputed before me that in pursuance of the order passed by this Court in 1977, directing the payment of one-third Batai to the respondents, a sum of Rs. 1200/- per year is being deposited.
(2.) Since Rs. 1200/- were fixed more than a decade back and since the value of the produce has increased within this period, it would be appropriate within this period, it would be appropriate to order the Executing Court to determine the value of one-third produce afresh so that the same can be deposited every year. For the year 1989-90 the value of one-third Batai would be determined within a period of two months and the same would be deposited within one month thereafter.
(3.) The value of one third Batai to be determined within two months under the orders of this Court being passed today, would remain effective upto the year 1992. The applicants would withdraw the amount of Rs. 2400/- and any subsequent amount deposited by the respondents-appellants. With these observations, the application for vacation of stay is dismissed, with no order as to costs.;