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Section 90: Recovery of balance due on mortgage [Repealed]

Transfer of Property Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1882
Section 89 All 137 Sections of Transfer of Property Act Section 91

Legal Commentary & Landmark Judgments: Section 90

Section 90 historically regulated personal decrees for balance mortgage debt (repealed and codified in Order 34 Rule 6 CPC).

  • Personal Decree for Balance: Empowered the court to pass a personal money decree against the mortgagor where auction proceeds were insufficient to satisfy the debt.
  • Procedural Transition: Repealed by CPC, 1908 and re-enacted in Order 34 Rule 6 CPC.
Key Landmark Precedents:
  • State of Haryana v. Narvir Singh, (2014) 1 SCC 105: Referenced personal remedies of lenders where collateral shortfall occurs.
  • Nahar Industrial Enterprises Ltd. v. Hong Kong & Shanghai Banking Corp., (2009) 8 SCC 646: Affirmed civil personal decrees for mortgage balance shortfalls under Order 34 Rule 6 CPC.
Courtroom Practice & Strategic Litigation Guidance:

If sale of mortgaged land leaves an unsatisfied loan balance, apply for a personal money decree against the borrower's other unpledged assets under Order 34 Rule 6 CPC.

Section 89 All 137 Sections of Transfer of Property Act Section 91