NANNI BAI AND OTHERS vs GITA BAI

The Supreme Court ruled that the Special Judge had jurisdiction under the Sangli State Agriculturists Protection Act (1 of 1936) to entertain the suit for possession and redemption of mortgages, despite the defendants' claim of limitation based on auction sales. The Court held that Article 148 of the Indian Limitation Act (IX of 1908) applied, allowing the plaintiff to ignore the auction sale and proceed with the suit. The Court distinguished the case from Malkarjun Bin Shidramappa Pasare v. Narhari Bin Shivappa (1900) L.R. 27 I.A. 216, and clarified that partition under the Mitakshara Law requires registration only when specific properties are allotted, not for mere severance of joint status.