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Judgment
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 u/s 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.
The case of Dal Singh v. Pitam Singh ILR 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.
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.