JUDGMENT 1. The case in Kara Nayar v. Ramappa 17 M. 267 merely decided that a request for return (of those title-deeds which the mortgagee was bound to return before he takes out the money from Court) accompanying a tender made under Section 83 of Act IV of 1882, was not a condition vitiating the tender. 2. In the present case, the appellant insisted on a return of certain title-deeds which he was not entitled to a return of, as a condition of the tender and "refused to pay the money until he had recovered the documents and possession of the property" (paragraph 3 of the District Judges judgment). Section 55 of the Transfer of Property Act does not apply, as rightly decided by the District Judge. 3. I dismiss the second appeal.