Section 86 TPA: Decree in foreclosure-suit [Repealed]

Section 86 of Transfer of Property Act: Decree in foreclosure-suit [Repealed]

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

[Repealed by the Code of Civil Procedure (5 of 1908), s. 156 and the Fifth Schedule.]

Section 86 historically regulated preliminary decrees in foreclosure suits (repealed and codified in Order 34 Rule 2 CPC).

Preliminary Foreclosure Decree: Prescribed the statutory format of taking accounts and fixing a 6-month redemption period.
Procedural Transition: Repealed by CPC, 1908 and re-enacted in Order 34 Rule 2 CPC.

Key Landmark Precedents:

Seth Ganga Dhar v. Shankar Lal, AIR 1958 SC 770: Discussed historical foreclosure decrees and the transition to Order 34 CPC.
Prithi Nath Singh v. Suraj Ahir, AIR 1963 SC 1041: Affirmed the distinction between statutory transfer principles and CPC procedural decrees.

Courtroom Practice & Strategic Litigation Guidance:

Foreclosure procedures are governed by Order 34 Rule 2 CPC; a preliminary decree is mandatory before final foreclosure.