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Section 99: Attachment of mortgaged property [Repealed]

Transfer of Property Act • Official Statutory Text & Practice Guide

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Act 1882
Section 98 All 137 Sections of Transfer of Property Act Section 100

Legal Commentary & Landmark Judgments: Section 99

Section 99 historically prohibited a mortgagee from bringing mortgaged property to sale in execution of a money decree on a separate claim without instituting a regular mortgage suit (repealed and codified in Order 34 Rule 14 CPC).

  • Prohibition of Evasive Sales: Prohibited a mortgagee from bypassing redemption rights by obtaining a simple money decree on an independent claim and auctioning the mortgaged property.
  • Codification in CPC: Repealed by CPC, 1908 and re-enacted in Order 34 Rule 14 CPC.
Key Landmark Precedents:
  • J.P. Builders v. A. Ramadas Rao, (2011) 1 SCC 429: The Supreme Court noted that Order 34 Rule 14 CPC prevents a mortgagee from executing a simple money claim against mortgaged security to extinguish the debtor's equity of redemption cheaply.
  • Prithi Nath Singh v. Suraj Ahir, AIR 1963 SC 1041: Affirmed the protective rationale inherited from Section 99.
Courtroom Practice & Strategic Litigation Guidance:

A lender holding a mortgage cannot sell the mortgaged property in execution of an unsecured money decree without filing a proper mortgage suit under Order 34 Rule 14 CPC.

Section 98 All 137 Sections of Transfer of Property Act Section 100