1. This petition has been filed by a mortgagor against an order dismissing his application Under Section 83, T.P. Act, to direct the mortgagee to receive a certain sum of money deposited by him in full satisfaction of the mortgage debt and to return the mortgage bond. It is admitted by the petitioner that he did not deposit the amount due on the face of the mortgage Bond. He contended that the interest was penal and should not have been more than a certain lower rate and that according to the lower rate only the sum of money deposited by him was due. According to the provisions of Section 83, notice went to the mortgagee, who declared his unwillingness to accept the money deposited by the petitioner in full discharge of the mortgage debt and stated that the amount due to him was what was due on the face of the document. As the mortgagee had refused to receive the sum tendered, there was nothing more that the lower Court could do. There is no provision in Section 83 for an enquiry as to the sum due by the mortgagor to the mortgagee. The mortgagor makes the tender and the mortgagee has to say whether he accepts the sum in full discharge of the mortgage or not. The lower Court