Supreme Court of India
Krishna Pillai Rajasekharan Nair (d) by Lrs. v. Padmanabha Pillai (d) by Lrs. and Ors.
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What the Court ordered
For the foregoing reasons, the appeal is held liable to be allowed.
Judgment, page 18
From the 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 full payment-Suit for declaration oftitle/partition by non-redeeming co mortgagors-Tria l Court and First Appellate Court decreeing the suit 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 .
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