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Section85
The Transfer of Property Act, 1882

[Repealed.]

In force From 01 Jul 1882 Act 4 of 1882 As on 16 Oct 2026

Act 4 of 1882 Ministry Law and Justice Enacted 17 Feb 1882 In force 01 Jul 1882

Section 85 of the Transfer of Property Act, 1882 deals with [Repealed.]. [Parties to suits for foreclosure, sale and redemption] Rep. The Act came into force on 01 Jul 1882.

1[Parties to suits for foreclosure, sale and redemption] Rep. by the Code of Civil Procedure, 1908 (5 of 1908), s. 156 and the Fifth Schedule.

Section 85, The Transfer of Property Act, 1882 (Act 4 of 1882).

Related judgements & precedents

These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.

  1. Booz-allen & Hamilton INC vs Sbi Home Finance Ltd.

    Supreme Court of India 15 Apr 2011 Binding (SC) Reportable

    Court's Decision & Legal Precedent

    Disputes relating to enforcement of mortgages by sale of mortgaged immovable property constitute actions in rem that are inherently non-arbitrable and must be adjudicated exclusively by courts of law. Where a suit is filed for enforcement of a mortgage with a request for sale of the mortgaged property, the matter cannot be referred to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996, even if an arbitration agreement exists covering the dispute, because: (1) the nature and scheme of mortgage suits under Order 34 of the Code of Civil Procedure and the Transfer of Property Act reserve such adjudication exclusively for public fora (courts), (2) arbitral tribunals cannot perform the comprehensive functions required including joining all interested parties, protecting rights of third parties, taking accounts, declaring amounts due, and directing sale procedures, and (3) bifurcation of the suit into arbitrable and non-arbitrable components is not permissible under Section 8 of the Act.

    On this section: Provisions relating to mortgage suits and enforcement; Court noted these were replaced by Order 34 of Code of Civil Procedure and establish exclusive court jurisdiction over mortgage matters

    Read the full order on eCourts India

The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.

Questions about Section 85

What have the courts held on Section 85 of the Transfer of Property Act?

Booz-allen & Hamilton INC vs Sbi Home Finance Ltd. (15 Apr 2011) is the leading judgment on this section among those set out below: Provisions relating to mortgage suits and enforcement; Court noted these were replaced by Order 34 of Code of Civil Procedure and establish exclusive court jurisdiction over mortgage matters.

How do I find court cases under Section 85 of the Transfer of Property Act?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: TP Act 85, section 85 TP Act, section 85 of the Transfer of Property Act. People searching for it also type tpu 85. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Booz-allen & Hamilton INC vs Sbi Home Finance Ltd. (15 Apr 2011).

When did Section 85 of the Transfer of Property Act come into force?

Section 85 of the Transfer of Property Act, cited as TP Act 85, came into force on 01 Jul 1882, having been enacted on 17 Feb 1882. It is in force as at the date shown on this page.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 16 Oct 2026. This page is not a substitute for legal advice.