Section 88 TPA: Decree for sale [Repealed]

Section 88 of Transfer of Property Act: Decree for sale [Repealed]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[Repealed by the Code of Civil Procedure (5 of 1908), s. 156 and the Fifth Schedule.]

Section 88 historically regulated preliminary decrees in mortgage sale suits (repealed and codified in Order 34 Rule 4 CPC).

Preliminary Decree for Sale: Governed accounting and 6-month payment window in sale suits.
Procedural Transition: Repealed by CPC, 1908 and re-enacted in Order 34 Rule 4 CPC.

Key Landmark Precedents:

J.P. Builders v. A. Ramadas Rao, (2011) 1 SCC 429: Referenced the statutory history of preliminary decrees for sale in mortgage suits.
B. Arvind Kumar v. Govt. of India, (2007) 5 SCC 745: Affirmed mortgage auction procedures under Order 34 CPC.

Courtroom Practice & Strategic Litigation Guidance:

Mortgage suits for sale require a preliminary decree under Order 34 Rule 4 CPC before an order for physical sale can be issued.