Section 87 TPA: Procedure in case of payment of amount due [Repealed]

Section 87 of Transfer of Property Act: Procedure in case of payment of amount due [Repealed]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[Repealed by the Code of Civil Procedure (5 of 1908), s. 156 and the Fifth Schedule.]

Section 87 historically regulated final decrees in foreclosure suits (repealed and codified in Order 34 Rule 3 CPC).

Final Foreclosure Decree: Governed debarment of mortgagor from all right to redeem upon default.
Procedural Transition: Repealed by CPC, 1908 and re-enacted in Order 34 Rule 3 CPC.

Key Landmark Precedents:

Seth Ganga Dhar v. Shankar Lal, AIR 1958 SC 770: Examined the effect of final foreclosure decrees on the equity of redemption.
Singh Ram v. Sheo Ram, (2014) 9 SCC 185: Affirmed that right to redeem is extinguished only upon passing of a final decree.

Courtroom Practice & Strategic Litigation Guidance:

A mortgagor can tender the mortgage balance and save the property at any time prior to the passing of a final decree under Order 34 Rule 3 CPC.