Supreme Court · 2003 INSC 720 · Decided 15 December 2003
Krishna Pillai Rajasekharan Nair (D) BY LRS. v. Padmanabha Pillai (D) BY LRS. and ORS.
- Court
- Supreme Court of India
- Citation
- 2003 INSC 720 · [2003] SUPP. 6 S.C.R. 832
- Case number
- CIVIL APPEAL No. 13133/1996
- Decided
- 15 December 2003
- Bench
- R.C. LAHOTI, ASHOK BHAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 105(2); Constitution Article 136; Contract Act Section 69; Transfer of Property Act Section 92; Limitation Act Section 120, 132, 144, 148
Headnote
Transfer of Property Act, 1882; Section 92 I Contract Act, 1872 ; Section 69 I Limitation Act, 1963; Articles 120, 132 and 144-Subrogation­ One of the co-mortgagors redeeming the property mortgaged by making C full payment-Suit for declaration oftitle/partition by non-redeeming co­ High Court holding that the suit without prayer of redemption is not maintainable and remanded back to trial court for amending the plead­ ings-Trial court and First Appellate Court again decreeing the suit-High . D Court holding that the suit is barred by limitation-Correctness
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