Section 83 The Transfer of Property Act, 1882

 

 Section 83 The Transfer of Property Act, 1882: 

 Power to deposit in Court money due on mortgage.—At any time after the principal money 1[payable in respect of any mortgage has become due] and before a suit for redemption of the mortgaged property is barred, the mortgagor, or any other person entitled to institute such suit, may deposit, in any court in which he might have instituted such suit, to the account of the mortgagee, the amount remaining due on the mortgage. Right to money deposited by mortgagor.—The court shall thereupon cause written notice of the deposit to be served on the mortgagee, and the mortgagee may, on presenting a petition (verified in manner prescribed by law2 for the verification of plaints) stating the amount then due on the mortgage, and his willingness to accept the money so deposited in full discharge of such amount, and on depositing in the same Court the mortgage-deed 3[and all documents in his possession or power relating to the mortgaged property], apply for and receive the money, and the mortgage-deed, 4[and all such other documents] so deposited shall be delivered to the mortgagor or such other person as aforesaid. 5[Where the mortgagee is in possession of the mortgaged property, the court shall, before paying to him the amount so deposited, direct him to deliver possession thereof to the mortgagor and at the cost of the mortgagor either to re-transfer the mortgaged property to the mortgagor or to such third person as the mortgagor may direct or to execute and (where the mortgage has been effected by a registered instrument) have registered an acknowledgement in writing that any right in derogation of the mortgagor’s interest transferred to the mortgagee has been extinguished.

Supreme Court of India Important Judgments And Leading Case Law Related to Section 83 The Transfer of Property Act, 1882: 

K. Manickchand & Ors vs Elias Saleh Mohamed Sait & Anr on 3 December, 1968

Bishwanath Prasad Singh vs Rajendra Prasad & Anr on 24 February, 2006

Visakhapatnam Municipality vs Kandregula Nukaraju & Ors on 29 August, 1975

Bishwanath Prasad Singh vs Rajendra Prasad & Anr on 24 February, 2006

Nirmal Chandra vs Vimal Chand on 8 May, 2001

Thakur Singh vs Ram Baran Singh & Ors on 25 August, 1972

Nirmal Chandra vs Vimal Chand on 8 May, 2001

Jyasing Dnyanu Mhoprekar & Anr vs Krishna Babaji Patil & Anr on 17 July, 1985

Harihar Prasad Singh And Another vs Must. Of Munshi Nath Prasadand on 16 January, 1956

Divisional Forest Officer, vs Shri Daut & Ors on 30 October, 1967

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