Deposit in court of dues of firm under section 83 of trnsfer of property act maintainability
Lakshmi.K.
(Querist) 22 June 2012
This query is : Resolved
Dear Experts,An original petition was filed seeking leave to deposit the dues payable to the retired partner of the firm since there was some dispute regarding the place of payment in Court under section 55(6)(b),83 and 100 of the transfer of property Act read with section 151 of C.P.C.Now maintainability is agitated.Please Guide Thanking You.
M/s. Y-not legal services
(Expert) 22 June 2012
Section 83 in The Transfer Of Property Act, 1882
83. Power to deposit in Court money due on mortgage.- At any time after the principal money 4[ 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 law 1[ 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 2[ and all documents in his possession or power relating to the mortgaged property], apply for and receive the money, and the mortgage- deed 3[ and all such other documents] so deposited shall be delivered to the mortgagor or such other person as aforesaid. 3[ 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 acknowledgment in writing that any right in derogation of the mortgagor' s interest transferred to the mortgagee has been extinguished.]
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Sankaranarayanan
(Expert) 22 June 2012
No more words need to explain almost mmr pandian spare his valuueable time for ur query. I do agree with his explanation
Lakshmi.K.
(Querist) 22 June 2012
dear Sir,Invoking S.83 T.P.Act retirement dues payable to partner who retired earlier and dues payable as on 31/3/2012 was deposited in Court and deposit notice given .Maintainability is challenged contending it applies strictly to mortgagor /mortgagee claims only and not to other money dues.Will not S.83 apply mutandi mutandis to all deposits.
M/s. Y-not legal services
(Expert) 22 June 2012
with out go through the documents no more suggestion can be given madam..
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