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Judgment
The case in Kara Nayar v. Ramappa 17 M.P 267 merely decided that a request for return (of those title-deeds which the mortgagee was bound
to return before he takes out the money from Court) accompanying a tender made u/s 83 of Act IV of 1882, was not a condition vitiating the
tender.
In the present case, the appellant insisted on a return of certain title-deeds which he was not entitled to a return of, as a condition of the tender
and "refused to pay the money until he had recovered the documents and possession of the property" (paragraph 3 of the District Judge's
judgment). Section 55 of the Transfer of Property Act does not apply, as rightly decided by the District Judge.
I dismiss the second appeal.