Section 73: Right to proceeds of revenue sale or compensation on acquisition

Transfer of Property Act • Official Statutory Text & Practice Guide

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Legal Standard
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Act 1882
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Legal Commentary & Landmark Judgments: Section 73

Section 73 codifies the doctrine of substituted security, entitling the mortgagee to claim payment of the mortgage-debt out of the proceeds of a revenue sale or land acquisition compensation.

  • Substituted Security Trigger: Where the mortgaged property or any part thereof is sold owing to failure to pay arrears of revenue/rent, or is compulsorily acquired under any law.
  • Charge on Sale Proceeds & Compensation: The mortgagee is entitled to claim payment of the mortgage-money, in whole or in part, out of the surplus sale proceeds or out of the compensation awarded on acquisition.
  • Priority Over Other Creditors: The mortgagee's statutory charge on the compensation proceeds takes precedence over unsecured creditors and subsequent assignees.
  • Protection Against Land Acquisition: Ensures that compulsory government acquisition does not extinguish the lender's financial security.
Key Landmark Precedents:
  • Union of India v. Sri Sarada Mills Ltd., (1972) 2 SCC 877: The Supreme Court held that under Section 73, the doctrine of substituted security applies automatically: upon land acquisition, the mortgage lien transfers from the physical land to the monetary compensation.
  • Asset Reconstruction Co. (India) Ltd. v. S.P. Velayutham, (2022) 8 SCC 210: Affirmed that the mortgagee possesses the first charge on compensation funds deposited in court under Section 73.
Courtroom Practice & Strategic Litigation Guidance:

Upon notification of government land acquisition, immediately file a claim petition before the Land Acquisition Collector under Section 73 praying for direct disbursement of the compensation award to the lender.