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Section 89: Procedure when defendant pays amount due [Repealed]

Transfer of Property Act • Official Statutory Text & Practice Guide

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Act 1882
Section 88 All 137 Sections of Transfer of Property Act Section 90

Legal Commentary & Landmark Judgments: Section 89

Section 89 historically regulated final decrees in mortgage sale suits (repealed and codified in Order 34 Rule 5 CPC).

  • Final Decree for Sale: Governed execution and court auction of mortgaged premises upon non-payment.
  • Procedural Transition: Repealed by CPC, 1908 and re-enacted in Order 34 Rule 5 CPC.
Key Landmark Precedents:
  • B. Arvind Kumar v. Govt. of India, (2007) 5 SCC 745: The Supreme Court noted that passing of a final decree under Order 34 Rule 5 CPC leads to public auction and vesting of unencumbered title in the auction purchaser.
  • Asset Reconstruction Co. (India) Ltd. v. S.P. Velayutham, (2022) 8 SCC 210: Affirmed the finality of mortgage auction sales.
Courtroom Practice & Strategic Litigation Guidance:

Deposit the decretal amount before confirmation of auction sale under Order 34 Rule 5 CPC to have the sale set aside and reclaim clean title.

Section 88 All 137 Sections of Transfer of Property Act Section 90