Girija Vel: Transfer of Property Act, 1882 (4 of 1882), Section 83 Deposit of Mortgage amount into Court Mortgagor deposited Mortgage amount into Court and sought direction from Mortgagee for full discharge and return of mortgaged documents

[05/05, 08:05] Girija Vel: Transfer of Property Act, 1882 (4 of 1882), Section 83 Deposit of Mortgage amount into Court Mortgagor deposited Mortgage amount into Court and sought direction from Mortgagee for full discharge and return of mortgaged documents – Mortgagee remained ex parte in all proceedings despite Notice being served Having consciously absented himself, amount deposited to be presumed as accepted by Mortgagee Contention that no willingness expressed, cannot be sustained.

Transfer of Property Act, 1882 (4 of 1882), Section 83- Ingredients to be satisfied Deposit of Mortgage amount into Court and Mortgagee expressing willingness to accept – Willingness to accept to be presumed from Mortgagee purposefully avoiding proceedings Amount deposited taken towards full discharge of Mortgage.
[06/05, 10:24] Girija Vel: Hence, this Court is of the view that the plaintiff has not proved the execution of Ex-A.1 and pursuant passing of consideration. The defendant’s admission that the signature in Ex-A.1 is his has to be seen along with his defence. When neither the execution of the Promissory Note nor the passing of consideration has been proved, given the defence taken by the defendant, the mere fact that the defendant admitted his signature in Ex-A.1 is not sufficient to invoke the presumption under Section 118 of the Negotiable Instruments Act, 1881.

https://indiankanoon.org/doc/142021313/