Enquiry regarding the deposit of amount by mortgagor when to be made.

S. Nainar Sundaram, J.

1. The petitioner in O.P. No. 344 of 1980 on the file of the X Assistant Judge, City Civil Court, Madras, is the petitioner in this revision. The respondent herein, is the respondent in the said Original Petition. The petitioner is a mortgagor in respect of two mortgages, one dated 29th July, 1974 marked in this case as Exhibit R-5 and the other, dated 7th May, 1975 marked in this case as the Exhibit R-7. Principal amount secured under the first mortgage is Rs. 15,000 and the principal amount secured under the second mortgage is Rs. 10,000 The rate of interest stipulated under the first mortgage is 12 per cent per annum and the rate of interest stipulated under the second mortgage is 15 per cent per annum. The respondent is the mortgagee. The petitioner filed O.P. No. 344 of 1980 under Section 83 of the Transfer of Property Act depositing a sum of Rs. 29,000 as the amount remaining due nnder both the mortgages This quantum, the petitioner arrived at as the correct quantum by stating that he is entitled to the benefits of Tamil Nadu Act XXXVIII of 1972, in respect of the mortgage dated 29th July, 1974 under Exhibit R-6, In fact, the petitioner filed O.P. No. 102 of 1980 claiming the benefits under Tamil Nadu Act XXXVIII of 1972, in respect of the mortgage, dated 29th July, 1974 under Exhibit R-6. The respondent, the mortgagee disputed the quantum and disputed the claim of the petitioner for reliefs under Tamil Nadu Act XXXVIII of 1972. The Court below nagatived the pleas of the petitioner for relief under Tamil Nadu Act XXXVIII of 1972. The Court below also dismissed O.P. No. 344 of 1980 not accepting the case of the petitioner that the amount deposited by him represents the correct amount due on the relevant date under the two mortgages. As stated above, this revision is directed against the decision in O.P. No. 344 of 1980. There is no further agitation as against the decision in O.P. No. 102 of 1980.

2. Section 83 of the Transfer of Property Act has got a specific purpose to serve the plain language of that provision indicates. The said section ruas thus:

At any time after the principal money payable in respect of any mortgage has become due and before a suit for redemption of the mortgaged property is barred, the morgagor, or any other person entitled to institute such suit, may deposit, in any Court in which he might have instituted such suit, to the account of the mortgagee the amount remaining due on the mortgage.

The Court shall thereupon cause written notice of the deposit to be served on the mortgagee, and the mortgagee may, on presenting a petition (verified in manner prescribed by law for the verification of plaints) stating the amounts then due on the mortgage, and his willingness to accept the money so deposited in full discharge of such amount, and on depositing in the same Court the mortgage-deed and all documents in his possession or power relating to the mortgage property, apply for and receive the money, and the mortgage-deed and all such other documents so deposited shall be delivered to the mortgagor or such other person as aforesaid.

Where the mortgagee is in possession of the mortgaged property, the Court shall, before paying to him the amount so deposited, direct him to deliver possession thereof to the mortgagor and at the cost of the mortgagor either to re- transfer the mortgaged property to the mortgagor or to such third person as the mortgagor may direct or to execute and (where the mortgage has been effected by a registered instrument) have registered an acknowledgment in writing that any right in derogation of the mortgagor's interest transferred to the mortgagee has been extinguished.

3. The above provision enables a mortgagor to deposit into Court the amount remaining due to the mortgage. On receipt of the notice from the Court, it is up to the mortgagee on presenting a petition, to state the amount then due under the mortgage and his willingness to accept the money so depos