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Report No. 70

Chapter 84

Mortgage by Deposit of Title Deeds

Section 96

84.1. Section 96.-

In order to deal with the rights and remedies applicable to a mortgage by deposit of title deeds, section 96 provides that the provisions hereinbefore contained which apply to a simple mortgage shall, so far as may be, apply to a mortgage by deposit of title-deeds.

A simple mortgage and a mortgage by deposit of title deeds are equated to each other. In particular, the result of this provision is that in a mortgage by deposit of title deeds, the mortgagor is treated as binding himself personally to pay the mortgage money.1

We have no further comments on section 96.

1. Nitya Nand v. Rajput Chaya Bani Cinema Ltd., AIR 1950 Cal 208.

The Transfer of Property Act, 1882 Back

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