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Section 93: Prohibition of tacking

Transfer of Property Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1882
Section 92 All 137 Sections of Transfer of Property Act Section 94

Legal Commentary & Landmark Judgments: Section 93

Section 93 historically regulated final decrees in redemption suits, debarring the mortgagor or directing sale upon default (repealed and codified in Order 34 Rules 7 and 8 CPC).

  • Redemption Final Decree: Prescribed procedures where the mortgagor failed to pay the sum determined in a redemption suit.
  • Procedural Transition: Repealed by CPC, 1908 and re-enacted in Order 34 Rules 7 and 8 CPC.
Key Landmark Precedents:
  • Singh Ram v. Sheo Ram, (2014) 9 SCC 185: The Supreme Court held that the right of redemption remains alive until a final decree debarring redemption or confirming a sale is passed under Order 34 Rule 8 CPC.
  • Prithi Nath Singh v. Suraj Ahir, AIR 1963 SC 1041: Affirmed the continuity of the equity of redemption in civil decrees.
Courtroom Practice & Strategic Litigation Guidance:

In redemption suits, comply strictly with the court deposit timelines fixed in the preliminary decree under Order 34 Rule 7 CPC to secure a final decree for delivery of possession.

Section 92 All 137 Sections of Transfer of Property Act Section 94