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Judgment
6 paragraphs · 115 words
1.
The decision of the learned Judge of the City Civil Court is correct. The appellant sold the property to the respondent and Section 55(3) of the
Transfer of Property Act is clear and unambiguous. The mortgage deed, it is contended, is not a document of title, but no authority is cited in
support of this proposition. Since the appellant sold the property to the respondent in the exercise of the power of sale conferred upon him by the
terms of the deed of mortgage, the deed is clearly a document of title. The appellant must therefore surrender the deed to the respondent, however
inconvenient it may be.
2.
The appeal is dismissed with costs.