MOTHIAR MIRA TARAGAN Vs. AHMATTI AHMED PILLAI

JUDGEMENT

(1.) We think that the learned Judge is in error in holding that the money deposited in Court by the mortgagor for payment to the mortgagee under Section 83 of the Transfer of Property Act was the property of the mortgagee and liable to be attached by a creditor of the latter, even though the mortgagee had not complied with the conditions prescribed by that section as conditions precedent to his drawing the money out of Court. Those conditions are that, he should put in a verified petition stating his willingness to accept the money, so deposited, in full discharge of the amount due under the mortgage, and should deposit the mortgage deed in Court.

(2.) The case of Dal Singh V/s. Pitam Singh I.L.R. 25 All. 179 is exactly in point, and we agree with the observation of the learned Judges in that case that to hold otherwise might lead to great injustice, as it, fact, has done in the present case.

(3.) We set aside the order of the learned Judge with costs. We also set aside the decree of the Subordinate Judge and give judgment for the plaintiff for the amount sued for with costs throughout.