Section 73 The Transfer of Property Act, 1882
Section 73 The Transfer of Property Act, 1882:
Right to proceeds of revenue sale or compensation on acquisition.—
(1) Where the mortgaged property or any part thereof or any interest therein is sold owing to failure to pay arrears of revenue or other charges of a public nature or rent due in respect of such property, and such failure did not arise from any default of the mortgagee, the mortgagee shall be entitled to claim payment of the mortgage-money, in whole or in part, out of any surplus of the sale-proceeds remaining after payment of the arrears and of all charges and deductions directed by law.
(2) Where the mortgaged property or any part thereof or any interest therein is acquired under the Land Acquisition Act, 1894 (1 of 1894); or any other enactment for the time being in force providing for the compulsory acquisition of immoveable property, the mortgagee shall be entitled to claim payment of the mortgage-money, in whole or in part, out of the amount due to the mortgagor as compensation.
(3) Such claims shall prevail against all other claims except those of prior encumbrancers, and may be enforced notwithstanding that the principal money on the mortgage has not become due.
Supreme Court of India Important Judgments And Leading Case Law Related to Section 73 The Transfer of Property Act, 1882:
Rana Sheo Ambar Singh vs Allahabad Bank Ltd., Allahabad on 27 April, 1961
Kunjukutty Sahib Etc. Etc vs State Of Kerala & Anr on 26 April, 1972
Pratap Singh @ Babu Ram & Anr vs Deputy Director Of on 22 September, 1999
Rakesh . vs Board Of Revenue U.P. . on 8 March, 2019
Vidya Sagar vs Sudesh Kumari & Others on 8 October, 1975
Union Of India & Ors vs Dileep Kumar Singh on 26 February, 2015
Rana Sheo Ambar Singh vs Allahabad Bank Ltd on 18 February, 1977
Shivashankar Prasad Shah & Ors vs Baikunth Nath Singh & Ors on 7 March, 1969
Delhi Development Authority vs Skipper Construction Co.(P) Ltd. on 17 December, 1999
Mangal Amusement Park(P) Ltd.& vs State Of M.P.& Ors on 28 August, 2012
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